Matter of Christiana M. N.-M. (Alfonso N.)
2012 NY Slip Op 08533 [101 AD3d 884]
December 12, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 6, 2013


In the Matter of Christiana M. N.-M. SCO Family of Services,Respondent; Alfonso N., Appellant, et al., Respondent.

[*1]Jeffrey C. Bluth, Brooklyn, N.Y., for appellant.

Carrieri & Carrieri, P.C., Mineola, N.Y., for petitioner-respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorneyfor the child.

In a proceeding pursuant to Family Court Act article 6 and Social Services Law §384-b to terminate parental rights, the father appeals, as limited by his brief, from so much of anorder of fact-finding and disposition of the Family Court, Kings County (Ambrosio, J.), enteredSeptember 6, 2011, as, after fact-finding and dispositional hearings, found that he permanentlyneglected the subject child, terminated his parental rights, and transferred custody andguardianship of the subject child jointly to the Commissioner of Social Services of the City ofNew York and SCO Family of Services for the purpose of adoption.

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

An order of disposition pursuant to Family Court Act article 6 must be made solely on thebasis of the best interests of the child (see Family Ct Act § 631; Matter of StarLeslie W., 63 NY2d 136, 147-148 [1984]). Here, the Family Court did not improvidentlyexercise its discretion in determining that it was in the best interests of the subject child to freeher for adoption. The Family Court's determination was made after it was able to see and hear thewitnesses and assess their credibility. The court's determination had a sound and substantial basisin the record (see Matter of MichaelA.B. [Richard A.B.], 98 AD3d 579, 580 [2012]; Matter of Shaprea L.R. [Mario L.], 97 AD3d 587, 588 [2012]; Matter of Anthony R. [Juliann A.], 90AD3d 1055, 1056 [2011]). Rivera, J.P., Balkin, Leventhal and Hinds-Radix, JJ., concur.


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