Matter of Joshua E. S.-H. (Tanya L.S.)
2012 NY Slip Op 05426 [97 AD3d 589]
July 5, 2012
Appellate Division, Second Department
As corrected through Wednesday, August 22, 2012


In the Matter of Joshua E. S.-H. Administration for Children'sServices et al., Respondents; Tanya L.S., Appellant, et al.,Respondent.

[*1]Larry S. Bachner, Jamaica, N.Y., for appellant.

Carrieri & Carrieri, P.C., Mineola, N.Y., for petitioners-respondents.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Elana Roffman of counsel),attorney for the child.

In a proceeding pursuant to Family Court Act article 6 and Social Services Law §384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, aslimited by her brief, from so much of an order of fact-finding and disposition (one paper) of theFamily Court, Queens County (Richroath, J.), dated October 26, 2011, as, upon a finding ofpermanent neglect, entered upon the mother's default, and upon a dispositional hearing,terminated the mother's parental rights and transferred custody and guardianship of the subjectchild to the petitioners for the purpose of adoption.

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

The Family Court providently exercised its discretion in terminating the mother's parentalrights, as a preponderance of the evidence adduced at the dispositional hearing established that itwould be in the subject child's best interests to be freed for adoption by his foster parent (see Matter of Jamel Raheem B. [VerniceB.], 89 AD3d 933, 935 [2011]; Matter of Andrea B., 66 AD3d 770, 771 [2009]; Matter of Chyanne H., 62 AD3d876 [2009]; Matter of Tyria W.,41 AD3d 859, 860 [2007]; Matterof Olivia Susan C., 2 AD3d 441, 442 [2003]). Angiolillo, J.P., Belen, Chambers andAustin, JJ., concur.


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.