| Matter of Alim Lishen Laquan R. |
| 2009 NY Slip Op 05142 [63 AD3d 947] |
| June 16, 2009 |
| Appellate Division, Second Department |
| In the Matter of Alim Lishen Laquan R., Also Known as Alim W.SCO Family of Services, Respondent; Frances Denise R., Appellant. |
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Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent. Steven Banks, New York, N.Y. (Judith Waksberg and Willkie Farr & Gallagher LLP, NewYork, N.Y. [Thomas S. Hur], of counsel), attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b, inter alia, to terminateparental rights on the ground of permanent neglect, the mother appeals from an order ofdisposition of the Family Court, Kings County (Lim, J.), entered August 8, 2008, which, upon afact-finding order of the same court dated May 29, 2008, made after a hearing, finding that shehad permanently neglected the subject child, and after a dispositional hearing, terminated herparental rights and transferred custody and guardianship of the subject child to theCommissioner of Social Services of the City of New York and SCO Family of Services for thepurpose of adoption. The appeal brings up for review the fact-finding order dated May 29, 2008.
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the mother's contention, the evidence presented at the fact-finding hearingestablished, by clear and convincing evidence, that she permanently neglected her child bycontinuing to abuse marijuana for four years following his removal from her custody and byfailing to plan for his future (see Social Services Law § 384-b; Matter of SarahJean R., 290 AD2d 511, 512 [2002]). Notwithstanding the diligent efforts of the Departmentof Social Services to help reunite the family, the mother refused to cooperate with rehabilitationprograms, repeatedly declined to submit to drug testing, and tested positive for marijuana onnumerous occasions. By her actions, the mother failed to plan for her child's return (seeMatter of Laura F., 48 AD3d 812 [2008]). Prudenti, P.J., Miller, Eng and Belen, JJ., concur.