| Matter of Aaliyah L.C. (Jamie A.) |
| 2015 NY Slip Op 04312 [128 AD3d 955] |
| May 20, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Aaliyah L.C., Suffolk CountyDepartment of Social Services, Respondent;. Jamie A., Appellant et al.,Respondent. |
Glenn Gucciardo, Northport, N.Y., for respondent-appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Christina E. Farrell ofcounsel), for petitioner-respondent.
John N. Fath, P.C., Patchogue, N.Y. (David M. Johnson of counsel), attorney for thechild.
Appeals from (1) an order of fact-finding and disposition of the Family Court,Suffolk County (David Freundlich, J.), dated February 4, 2014, and (2) an amended orderof fact-finding and disposition of that court dated March 18, 2014. The order offact-finding and disposition, after fact-finding and dispositional hearings, found that thefather had permanently neglected the subject child, terminated his parental rights, andtransferred guardianship and custody of the subject child to the maternalgreat-grandmother for the purpose of adoption. The amended order of fact-finding anddisposition, insofar as appealed from, made the same findings of fact and disposition asthe order of fact-finding and disposition.
Ordered that the appeal from the order of fact-finding and disposition is dismissed,without costs and disbursements, as that order was superseded by the amended order offact-finding and disposition; and it is further,
Ordered that the amended order of fact-finding and disposition is affirmed insofar asappealed from, without costs or disbursements.
The Family Court properly found that the father had permanently neglected thesubject child. The petitioner proved by clear and convincing evidence that it had fulfilledits statutory duty to exercise diligent efforts to encourage and strengthen the parentalrelationship (see Social Services Law § 384-b [7] [a]; Matter of Hailey ZZ. [RickyZZ.], 19 NY3d 422, 429 [2012]; Matter of Sheila G., 61 NY2d 368, 373[1984]; Matter of Joshua E.R.[Yolaine R.], 123 AD3d 723 [2014]). The agency proved that, despite thoseefforts, the father had permanently neglected the child (see Social Services Law§ 384-b [7] [a]) by failing, for a period of more than one year following thedate the child came into the care of the agency, to substantially and continuouslymaintain contact with the child or plan for the child's future, although physically andfinancially able to do so (see Matter of Hailey ZZ.[*2][Ricky ZZ.], 19 NY3d at 429). The father failed to takesteps to correct the conditions that led to the child's removal from the home (see Matter of Egypt A.A.G.[Kimble G.], 108 AD3d 533 [2013]; Matter of David O.C., 57 AD3d 775 [2008]).
The Family Court also properly terminated the father's parental rights. The evidenceadduced at the dispositional hearing established that termination of the father's parentalrights was in the best interests of the child. A suspended judgment was not appropriate,given the father's lack of insight into his problems and his failure to address the primaryissues which led to the child's removal (see Matter of Justice C. [Wanda C.], 124 AD3d 885[2015]; Matter of Chanel C.[Vanessa N.], 118 AD3d 826, 828 [2014]; Matter of Christopher T. [Margarita V.], 94 AD3d 900[2012]). Dillon, J.P., Dickerson, Roman and LaSalle, JJ., concur.