Matter of Jamaorqui R.B.

2008 NY Slip Op 08480 [56 AD3d 465]

November 5, 2008

Appellate Division, Second Department

As corrected through Wednesday, January 7, 2009

In the Matter of Jamaorqui R.B. Suffolk County Department ofSocial Services, Respondent; Isongbe M.B., Appellant, et al.,Respondents.

—[*1]Steven Flaumenhaft, West Sayville, N.Y., for appellant.

Christine Malafi, County Attorney, Central Islip, N.Y. (Frank J. Alberti of counsel), forpetitioner-respondent.

Marjorie Zuckerman, Bay Shore, N.Y., attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate the father'sparental rights on the ground of permanent neglect, the father appeals from an order offact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated January10, 2008, which, after fact-finding and dispositional hearings, found that he permanentlyneglected the child, terminated his parental rights, and transferred custody and guardianship ofthe child to the Suffolk County Department of Social Services for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.

Contrary to the father's contention, the presentment agency demonstrated, by clear andconvincing evidence, that he failed to plan for the future of the child notwithstanding the agency'sdiligent efforts to encourage and strengthen the parent-child relationship (see SocialServices Law § 384-b; Matter ofJeremy D.R., 40 AD3d 764 [2007]; Matter of Jonathan R., 30 AD3d 426 [2006]; Matter of LoveRussell J., 7 AD3d [*2]799 [2004]; Matter of CarmenN., 237 AD2d 607, 608 [1997]). In light of the fact that the child has bonded with her fosterfamily, with whom she has lived for virtually her entire life and who wanted to adopt her, and thefather's failure to plan for her future, the Family Court properly found that the best interests of thechild would be served by terminating the father's parental rights and freeing the child foradoption (see Matter of Jeremy D.R., 40 AD3d at 765; Matter of Jonathan R., 30AD3d at 427). Skelos, J.P., Ritter, Carni and Dickerson, JJ., concur.