| Matter of Tiara B. (Torrence B.) |
| 2010 NY Slip Op 01077 [70 AD3d 1307] |
| February 11, 2010 |
| Appellate Division, Fourth Department |
| In the Matter of Tiara B. Oneida County Department of SocialServices, Respondent; Torrence B., Appellant. |
—[*1] John G. Koslosky, Law Guardian, Utica, for Tiara B.
Appeal from an order of the Family Court, Oneida County (James R. Griffith, J.), enteredMay 5, 2008 in a proceeding pursuant to Social Services Law § 384-b. The orderterminated respondent's parental rights.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent father appeals from an order terminating his parental rights withrespect to his daughter based on a finding of permanent neglect. Contrary to the contention of thefather, petitioner established that he failed to develop a realistic plan for the child's future(see Social Services Law § 384-b [7] [c]; Matter of Star Leslie W., 63NY2d 136, 142-143 [1984]). Although the record establishes that the father participated inseveral substance abuse treatment programs, it further establishes that he suffered frequentrelapses and that his progress was insufficient to warrant the return of the child to his care(see Matter of Regina M. C., 139 AD2d 929 [1988]). In addition, the record supportsFamily Court's determination that a suspended judgment would not serve the best interests of thechild (see Matter of Emmeran M.,66 AD3d 1490 [2009]). "The court's assessment that [the father] was not likely to change hisbehavior is entitled to great deference" (Matter of Philip D., 266 AD2d 909 [1999]), andthe record supports the court's determination that any progress made by the father "was notsufficient to warrant any further prolongation of the child's unsettled familial status" (Matter of Maryline A., 22 AD3d227, 228 [2005]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.