Matter of Chastity Imani Mc.
2009 NY Slip Op 07415 [66 AD3d 782]
October 13, 2009
Appellate Division, Second Department
As corrected through Wednesday, December 9, 2009


In the Matter of Chastity Imani Mc., an Infant. Abbott House, Inc.,et al., Respondents; Alika Mc., Appellant, et al., Respondent.

[*1]Carol Kahn, New York, N.Y., for appellant.

Magovern & Sclafani, New York, N.Y. (Marion C. Perry of counsel), forpetitioner-respondent Abbott House, Inc.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel),attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the father appeals from so much of an order of dispositionof the Family Court, Queens County (Richroath, J.), dated January 9, 2008, as, upon his defaultin appearing at the fact-finding hearing and following a dispositional hearing, and upon adetermination that he permanently neglected the child, terminated his parental rights, andtransferred custody to the Commissioner of Social Services of the City of New York and AbbottHouse, Inc.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs ordisbursements.

Contrary to the father's contention, the best interests of the child were served by terminatingthe father's parental rights and freeing the child for adoption (see Matter of Egypt K., 59 AD3d 623 [2009]; Matter of David O.C., 57 AD3d775 [2008]). Also, contrary to the father's contention, the court sufficiently explained itsdecision to terminate his parental rights and not to award custody to the child's grandmother.Rivera, J.P., Florio, Eng and Leventhal, JJ., concur.


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