| Matter of Nicholas B. (Eleanor J.) |
| 2011 NY Slip Op 03483 [83 AD3d 1596] |
| April 29, 2011 |
| Appellate Division, Fourth Department |
| In the Matter of Nicholas B. and Another, Infants. Erie CountyDepartment of Social Services, Respondent; Eleanor J., Appellant. |
—[*1] Joseph T. Jarzembek, Buffalo, for petitioner-respondent. David C. Schopp, Attorney for the Children, the Legal Aid Bureau of Buffalo, Inc., Buffalo(Charles D. Halvorsen of counsel), for Nicholas B. and Jordan B.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), enteredMarch 12, 2010 in a proceeding pursuant to Social Services Law § 384-b. The orderterminated respondent's parental rights and freed the subject children for adoption.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order that, inter alia, terminated herparental rights with respect to the children who are the subject of this proceeding on the groundof permanent neglect. We note at the outset that the mother's notice of appeal is prematurebecause it was filed prior to the entry of the order from which the appeal is taken (see Matter of Danial R.B. v LedyardM., 35 AD3d 1232 [2006]; Spano v County of Onondaga, 170 AD2d 974[1991], lv denied 77 NY2d 809 [1991], lv dismissed 77 NY2d 989 [1991]). Wenevertheless address the merits of the appeal in the exercise of our discretion and in the interestof judicial economy (see CPLR 5520 [c]; Danial R.B., 35 AD3d 1232;Spano, 170 AD2d 974).
Contrary to the mother's contention, petitioner established by clear and convincing evidencethat it exercised diligent efforts to strengthen the mother's relationship with the children (seegenerally Matter of Star Leslie W., 63 NY2d 136, 142 [1984]; Matter of Thomas JJ., 20 AD3d708, 709-710 [2005]). Petitioner further established that, despite those efforts, the mother"failed substantially and continuously or repeatedly to . . . plan for the future of thechild[ren] although . . . able to do so" (Star Leslie W., 63 NY2d at 142;see Thomas JJ., 20 AD3d at 710-711). Although petitioner provided referrals for mentalhealth services and encouraged the mother to maintain a clean home, the mother did not complywith the requirements that she consistently attend mental health counseling and provide a cleanhome (see Matter of Toyie Fannie J.[Toyie D.H.], 77 AD3d 449 [2010]; Matter of Kyle K., 49 AD3d 1333, 1335 [2008], lv denied[*2]10 NY3d 715 [2008]). Her failure to satisfy thoserequirements demonstrates her unwillingness " 'to correct the conditions that led to the placementof the children in the custody of petitioner' " (Kyle K., 49 AD3d at 1335).
Contrary to the mother's further contention, petitioner established by a preponderance of theevidence that termination of her parental rights was in the children's best interests (see StarLeslie W., 63 NY2d at 147-148). At the time of the dispositional hearing, the children hadbeen in foster care for approximately six years. Even after her parental rights were terminated,the mother made little progress in complying with the required mental health services, and herlimited progress was not enough to warrant any additional delay in providing the children with astable home (see Matter of Mikia H.[Monique K.], 78 AD3d 1575 [2010], lv dismissed in part and denied in part 16NY3d 760 [2011]; Matter of MelissaDD., 45 AD3d 1219, 1221 [2007], lv denied 10 NY3d 701 [2008]). Moreover, asuspended judgment was not warranted because "there was no evidence that [the mother] had arealistic, feasible plan to care for the children" (Toyie Fannie J., 77 AD3d 449). We haveconsidered the mother's remaining contention and conclude that it does not warrant reversal ofthe order. Present—Centra, J.P., Fahey, Peradotto, Lindley and Sconiers, JJ.