Matter of Daniel A.G. (Jose Ricardo G.)
2010 NY Slip Op 08105 [78 AD3d 831]
November 9, 2010
Appellate Division, Second Department
As corrected through Wednesday, January 19, 2011


In the Matter of Daniel A.G. Administration for Children's Serviceset al., Respondents; Jose Ricardo G., Appellant, et al., Respondent. (Proceeding No. 1.) In theMatter of Maritza C.G. Administration for Children's Services et al., Respondents; Jose RicardoG., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of Caitlin S.G.Administration for Children's Services et al., Respondents; Jose Ricardo G., Appellant, et al.,Respondent. (Proceeding No. 3.) In the Matter of "Baby Girl" G., Also Known as Star Petrona G.Adminstration for Children's Services et al., Respondents; Jose Ricardo G., Appellant, et al.,Respondent. (Proceeding No. 4.) In the Matter of Thalia M.G. Administration for Children'sServices et al., Respondents; Jose Ricardo G., Appellant, et al., Respondent. (Proceeding No.5.)

[*1]Tennille M. Tatum-Evans, New York, N.Y., for appellant. Magovern & Sclafani, NewYork, N.Y. (Marion C. Perry of counsel), for petitioner-respondent St. Vincent's Services, Inc.Steven Banks, New York, N.Y. (Tamara A. Steckler and Selene D'Alessio of counsel), attorneyfor the children.

In related proceedings to terminate parental rights pursuant to Social Services Law §384-b, the father appeals from so much of five orders of fact-finding and disposition (one as toeach child) of the Family Court, Kings County (Grosvenor, J.), four dated July 16, 2009, and onedated September 16, 2009, as, after fact-finding and dispositional hearings, found that he hadpermanently neglected the children, terminated his parental rights, and transferred custody andguardianship of the children to St. Vincent's Services, Inc., and the Commissioner of SocialServices of the City of New York for the purpose of adoption.

Ordered that the orders of fact-finding and disposition are affirmed insofar as appealed from,without costs or disbursements.

Contrary to the father's contention, the Family Court properly found that St. Vincent'sServices, Inc. (hereinafter the agency), exercised diligent efforts to strengthen his relationshipwith his children by, inter alia, scheduling weekly visits with the children and referring him toparenting and anger management classes (see Matter of Star Leslie W., 63 NY2d 136,142 [1984]; Matter of Shamel H.,61 AD3d 685, 686 [2009]; Matterof Tynell S., 43 AD3d 1171, 1172 [2007]; Matter of Joquan Jomaine-Anthony V., 39 AD3d 868, 869 [2007];Matter of Amy B., 37 AD3d600, 600-601 [2007]; Matter ofJennifer R., 29 AD3d 1005 [2006]). Notwithstanding the agency's efforts, the fatherfailed to plan for his children's future (see Social Services Law § 384-b [7] [c]). Inaddition, although the father attended the required classes, he never gained any insight into whyhe needed to attend the classes. Accordingly, the Family Court correctly found that the childrenwere permanently neglected (see Matter of Nathaniel T., 67 NY2d 838, 842 [1986];Matter of Tynell S., 43 AD3d at 1173; Matter of Joquan Jomaine-Anthony V., 39AD3d at 869; Matter of Jennifer R., 29 AD3d at 1006-1007).

Additionally, the Family Court properly determined that the best interests of the childrenwould be served by terminating the father's rights and freeing the children for adoption by theirfoster parent, with whom they had been living for many years (see Matter of Tynell S., 43AD3d at 1173; Matter of Joquan Jomaine-Anthony V., 39 AD3d at 869).

The parties' remaining contentions either are without merit or need not be reached in light of our determination. Dillon, J.P., Angiolillo, Hall and Roman, JJ., concur.


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