Matter of Ashley D.W. (Marcus W.)
2015 NY Slip Op 00382 [124 AD3d 670]
January 14, 2015
Appellate Division, Second Department
As corrected through Wednesday, March 4, 2015


[*1]
 In the Matter of Ashley D.W. Westchester CountyDepartment of Social Services, Respondent; Marcus W.,Appellant.

Maria J. Frank, Yorktown Heights, N.Y., for appellant.

Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco andLinda M. Trentacoste), for respondent.

Judith A. Kaufman, White Plains, N.Y., attorney for the child.

Appeal from an order of disposition of the Family Court, Westchester County(Michelle I. Schauer, J.), entered June 24, 2013. The order, upon a prior order findingthat the father had permanently neglected the subject child, terminated the father'sparental rights and directed that the custody and guardianship of the subject child betransferred to the Westchester County Department of Social Services for the purposes ofadoption.

Ordered that the order is affirmed, without costs or disbursements.

In this proceeding pursuant to Social Services Law § 384-b, the FamilyCourt properly determined that the best interests of the subject child would be served byterminating the father's parental rights and freeing the child for adoption by her fosterparent (see Matter of YamiletteM.G. [Marlene M.], 118 AD3d 698, 700 [2014]). Contrary to the father'scontention, a suspended judgment was not appropriate in light of his lack of insight intohis problems and his failure to address the primary issues which led to the child's removalin the first instance (see Matterof Christopher T. [Margarita V.], 94 AD3d 900, 901 [2012]; Matter ofZechariah J. [Valrick J.], 84 AD3d 1087, 1088-1089 [2011]).

The father's remaining contentions are without merit. Dillon, J.P., Chambers, Duffyand Barros, JJ., concur.


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