Matter of Kie Asia T. (Shaneene T.)
2011 NY Slip Op 08197 [89 AD3d 528]
November 15, 2011
Appellate Division, First Department
As corrected through Wednesday, January 4th, 2012


In the Matter of Kie Asia T. and Others, Children Alleged to beNeglected. Shaneene T., Appellant; Saint Dominic's Home,Respondent.

[*1]Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), forappellant.

Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney forthe children.

Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or aboutMay 21, 2010, which terminated respondent mother's parental rights, following fact-findingdeterminations that the mother permanently neglected the subject children, and committed theguardianship and custody of the children to Saint Dominic's Home and the Administration forChildren's Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect entered against the mother was supported by clear andconvincing evidence. Despite her completion of the recommended services, she was unable todemonstrate the necessary parenting skills, failed to consistently visit with the children, andfailed to adequately plan for them because of her inability to separate from the father. The fathercontinuously failed at his attempts at alcohol rehabilitation to the point of showing up smelling ofalcohol for visits with the children. In addition, he did not complete anger management coursesdespite the two domestic violence petitions the mother had filed against him (see e.g. Matter of Jessica Victoria S.,47 AD3d 428 [2008]; Matter of Monica Betzy D., 291 AD2d 289 [2002]).

It was in the best interests of the children to terminate the mother's parental rights in order tofree the children for adoption by their foster mother, with whom they had already resided for3½ years and who provided the children with a stable, nurturing, well-supportedenvironment (see e.g. Matter of ToyieFannie J. [Toyie D.H.], 77 AD3d 449 [2010]).[*2]

We have considered the remaining arguments, includingthe mother's request for a suspended judgment, and find them unavailing.Concur—Mazzarelli, J.P., Catterson, Moskowitz, Renwick and Abdus-Salaam, JJ.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.