Matter of Aisha T.
2008 NY Slip Op 08017 [55 AD3d 435]
October 23, 2008
Appellate Division, First Department
As corrected through Wednesday, December 10, 2008


In the Matter of Aisha T., a Child Alleged to be PermanentlyNeglected. Isatou S., Appellant; Leake and Watts Services, Inc.,Respondent.

[*1]Geoffrey P. Berman, Larchmont, for appellant.

Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), forrespondent.

Lawyers for Children, New York (Hal Silverman of counsel), and Orrick Herrington &Sutcliffe LLP, New York (Siobhan A. Handley of counsel), Law Guardian.

Order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on orabout September 18, 2007, which, to the extent appealed from, upon a finding of permanentneglect, terminated respondent mother's parental rights to the subject child and committedcustody and guardianship of the child to petitioner agency and the Commissioner of SocialServices for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect was supported by clear and convincing evidence (SocialServices Law § 384-b [7] [a]). The record establishes that the agency made diligent effortsto encourage and strengthen the parental relationship by providing assistance so that respondentcould meet her legal residency, housing, financial and employment needs, and by schedulingregular visits with the child (see Matter of William P., 23 AD3d 237 [2005]). Despitethese diligent efforts, respondent failed to establish permanent legal residency, secure a suitablehome environment, or obtain employment before the petition was filed. She was also inconsistentin her visitation, and at one point, failed for a period of approximately three months to have anycontact with the child or the agency (see Matter of Lenny R., 22 AD3d 240 [2005], lvdenied 6 NY3d 708 [2006]).

The court appropriately declined to enter a suspended judgment in lieu of terminatingrespondent's parental rights, as suspending judgment was not in the child's best interests. Thechild, now five years old, has bonded with her foster family with whom she has lived since shewas four days old, and "there was no evidence of a parental relationship with [respondent]sufficient to justify delay of the adoptive process" (Matter of Jazminn O'Dell P., 39AD3d 235 [2007]).

We have considered respondent's remaining arguments and find them unavailing.Concur—Lippman, P.J., Saxe, Friedman, Sweeny and Acosta, JJ.


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