| Matter of Chase F. |
| 2009 NY Slip Op 07253 [66 AD3d 676] |
| October 6, 2009 |
| Appellate Division, Second Department |
| In the Matter of Chase F. Orange County Department of SocialServices, Respondent; Scott F. et al., Appellants. |
—[*1] David A. Brodsky, Central Valley, N.Y., for appellant Rebecca G. David Darwin, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), forrespondent. Madeleine Petrara, Bayville, N.Y., 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, and a related child protective proceedingpursuant to Family Court Act article 10, (1) the mother and the father separately appeal, aslimited by their respective briefs, from so much of an order of fact-finding and disposition of theFamily Court, Orange County (Klein, J.), entered June 6, 2008, as, after a hearing, found thatthey each permanently neglected the subject child, terminated their respective parental rights,and transferred custody and guardianship of the child to the Orange County Department ofSocial Services for the purpose of adoption, and (2) the father separately appeals, as limited byhis brief, from so much of an order of the same court, also entered June 6, 2008, as found that hewillfully violated the terms and conditions of an order of disposition of the same court datedNovember 3, 2006, directing him, among other things, to comply with the petitioner's efforts toencourage and strengthen his parental relationship with the subject child.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.[*2]
Contrary to the parents' contentions, the petitionerestablished that it made diligent efforts to encourage and strengthen their relationships with thesubject child (see Social Services Law § 384-b [7] [f]; Matter of Darlene L., 38 AD3d552, 554-555 [2007]). Moreover, the Family Court properly found that, despite these efforts,the parents failed to plan for the child's future (see Matter of Noelia T., 61 AD3d 983 [2009]; Matter of Leah Tanisha A.-N., 48AD3d 801 [2008]). The Family Court's determination that termination of the parents'parental rights was in the child's best interest was supported by a preponderance of the evidence(see Matter of Fatima G., 64 AD3d652 [2009]; Matter of Arnold M.,12 AD3d 677, 678-679 [2004]; Matter of Olivia Susan C., 2 AD3d 441, 442 [2003]).
The parties' remaining contentions are without merit. Fisher, J.P., Balkin, Hall and Austin,JJ., concur.
Motion by the appellant Rebecca G. on an appeal from an order of fact-finding anddisposition of the Family Court, Orange County (Klein, J.), entered June 6, 2008, to strike statedportions of the brief of the attorney for the child on the ground that those portions of the briefrefer to matter dehors the record. By decision and order on motion of this Court dated May 22,2009 [2009 NY Slip Op 73268(U)], the motion was held in abeyance and referred to the panel ofJustices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, andupon argument of the appeals, it is
Ordered that the motion is denied. Fisher, J.P., Balkin, Hall and Austin, JJ., concur.