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In re Shonte J.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 18, 2008

IN RE KAYLINA DESIRE SHONTE J., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND JESSICA ISABELLA T., RESPONDENT-APPELLANT, CHILDREN'S AID SOCIETY, PETITIONER-RESPONDENT.

Order, Family Court, New York County (Jody Adams, J.), entered on or about February 15, 2007, which terminated respondent's parental rights and committed the subject child's guardianship and custody to the petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, and the appeal from the underlying fact-finding determination of permanent neglect dismissed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Gonzalez, Catterson, McGuire, Acosta, JJ.

There can be no review of the finding of permanent neglect, made upon respondent's default at the fact-finding hearing (Matter of Baby Girl F., 17 AD3d 224 [2005]). Termination of parental rights is amply supported by the record, which reveals diligent efforts by the agency to encourage the parental relationship and provide numerous services, despite respondent's non-cooperation and indifference (Matter of Byron Christopher Malik J., 309 AD2d 669 [2003]). Respondent failed to plan for the future or maintain visitation (Social Services Law § 384-b[7][a]), and was thus unable to assume responsibility for a child who is now thriving in her pre-adoptive environment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081218

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