| Matter of Mark Eric R. (Juelle Virginia G.) |
| 2011 NY Slip Op 00282 [80 AD3d 518] |
| January 20, 2011 |
| Appellate Division, First Department |
| In the Matter of Mark Eric R. and Others, Children Alleged to bePermanently Neglected. The Children's Aid Society, Respondent; Juelle Virginia G.,Appellant. |
—[*1] Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent. Frederic P. Schneider, New York, Attorney for the Children.
Orders of disposition, Family Court, New York County (Jody Adams, J.), entered on or aboutJune 30, 2009, which, upon a finding of permanent neglect, terminated respondent mother's parentalrights to the subject children and committed the custody and guardianship of the children to petitioneragency and the Commissioner of the Administration for Children's Services for the purposes ofadoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence of respondent'sfailure to learn to control her anger, to cooperate with the agency in providing home visits and proof ofincome, and to attend most of the children's educational and medical appointments, and her refusal toaccept guidance on proper parenting, the diligent efforts of petitioner and the previous agencynotwithstanding (see Matter of Antwone LeeS., 49 AD3d 276 [2008]). Any error in excluding the testimony of a social worker whoobserved a few of respondent's visits with the children was harmless.
The determination that termination of respondent's parental rights is in the best interests of thechildren is supported by a preponderance of the evidence showing that the children have bonded andare thriving with their foster parents, who wish to adopt them, and that respondent continues to haveproblems controlling her anger and has failed to find suitable housing (see [*2]Matter of Shaka Efion C., 207 AD2d 740 [1994]). Respondent'sclaim that she was prejudiced by the suspension of visitation with the children during the dispositionalphase of the proceedings is unavailing. Concur—Mazzarelli, J.P., Friedman, Renwick andDeGrasse, JJ.