| Matter of Alford Isaiah B. (Alford B.) |
| 2013 NY Slip Op 04700 [107 AD3d 562] |
| June 20, 2013 |
| Appellate Division, First Department |
| In the Matter of Alford Isaiah B., III, and Another, ChildrenAlleged to be Permanently Neglected. Alford B., Jr. Appellant; The Children's AidSociety, Respondent. |
—[*1] Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery ofcounsel), attorney for the children.
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about April3, 2012, which, to the extent appealed from, determined, following a fact-findinghearing, that respondent father permanently neglected the subject children, unanimouslyaffirmed, without costs.
Respondent's argument that the Family Court erred in admitting the records of theagency that was initially assigned to the case is not preserved for appellate review, andwe decline to review it in the interest of justice. As an alternative holding, we reject it onthe merits. A proper foundation was laid for their admission and respondent, whoreceived a copy of the records in advance of the hearing, failed to challenge any specificentry.
The agency demonstrated by clear and convincing evidence that it repeatedly tried tocontact respondent in writing and by telephone and made referrals in order to assist himin completing the service plan, but he failed to respond, failed to consistently visit thechildren, and did not complete a drug treatment program or other programs to which hewas referred (see Matter of Sheila G., 61 NY2d 368, 385 [1984]).[*2]
The court was permitted to draw a negativeinference from respondent's failure to testify (see Matter of Nassau County Dept. ofSocial Servs. v Denise J., 87 NY2d 73, 79 [1995]). Concur—Tom, J.P.,Acosta, Saxe and Freedman, JJ.