Matter of Anthony Martin L.
2008 NY Slip Op 07244 [54 AD3d 1040]
September 30, 2008
Appellate Division, Second Department
As corrected through Wednesday, October 29, 2008


In the Matter of Anthony Martin L., Also Known as Anthony L., anInfant. Administration for Children's Services et al., Respondents; Flor Eugenio L., Also Knownas Flor L., Appellant, et al., Respondent.

[*1]Jeanmarie A. Marquardt, Shrub Oak, N.Y., for appellant.

Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for petitioner- respondentMercyfirst.

Steven Banks, New York, N.Y. (Tamara A. Steckler and John A. Newbery of counsel),attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the father appeals, as limited by his brief, from so much ofan order of disposition of the Family Court, Kings County (Elkins, J.), dated November 14, 2006,as, after fact-finding and dispositional hearings, terminated his parental rights and transferredcustody and guardianship of the subject child to the petitioner Mercyfirst and the Commissionerof Social Services of the City of New York for the purpose of adoption.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs ordisbursements.[*2]

The Family Court properly found that the fatherpermanently neglected the subject child. Despite the agency's diligent efforts to strengthen theparental relationship (see Social Services Law § 384-b [7] [f]; Matter of SheilaG., 61 NY2d 368, 373 [1984]), the father failed to plan for the child's future (see Matterof Samuel Fabien G., 52 AD3d 713 [2008]; Matter of Arriola Nicole S., 45 AD3d407, 408 [2007]; Matter of Ray A., 30 AD3d 410, 411 [2006]).

Furthermore, the evidence adduced at the dispositional hearing supported the Family Court'sfinding that termination of the father's parental rights was in the best interests of the child(see Family Ct Act § 631; Matter of Star Leslie W., 63 NY2d 136, 147-148[1984]). Spolzino, J.P., Ritter, Santucci and Carni, JJ., concur.


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