| Matter of Roger Guerrero B. |
| 2008 NY Slip Op 08411 [56 AD3d 262] |
| November 6, 2008 |
| Appellate Division, First Department |
| In the Matter of Roger Guerrero B. and Others, Children Alleged tobe Permanently Neglected. Phyllis B., Appellant; Abbott House,Respondent. |
—[*1] Jeremiah Quinlan, Hastings on Hudson, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), LawGuardian.
Orders, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about April 10,2007, which, after neglect and dispositional hearings, determined that respondent mother hadpermanently neglected the subject children, terminated her parental rights, and awarded custodyand guardianship to petitioner for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that despitepetitioner's diligent efforts, respondent, during the relevant statutory period, failed to maintaincontact with her children and failed to address the problems leading to their placement, thusfailing to plan for their future (Social Services Law § 384-b [7] [c]). The recorddemonstrates that respondent continued to use drugs during the relevant period, failed to availherself of the services and therapy referred to her by petitioner, and maintained only sporadiccontact with the children (see generallyMatter of Justin Lemont R., 45 AD3d 445 [2007]).
The record at the dispositional hearing supported, by a preponderance of the evidence, theconclusion that the children's best interests would be served by termination of respondent'sparental rights (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]; Family CtAct § 631) so as to facilitate adoption by their maternal grandfather, with whom they havelived most of their lives and with whom they maintain a positive relationship. Despiterespondent's commendable but belated efforts to comply with therapy and drug counseling (see Matter of Saraphina Ameila S., 50AD3d 378 [2008]), the record does not warrant a suspended judgment as being in thechildren's best interests (Matter ofJazminn O'Dell P., 39 AD3d 235 [2007]). Concur—Andrias, J.P., Saxe,Gonzalez, Catterson and Acosta, JJ.