NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 25, 2010
IN RE SHAWNTASHIA MICHELLE B., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC. AND MICHELLE B., RESPONDENT-APPELLANT, SAINT DOMINIC'S HOME, PETITIONER-RESPONDENT.
Orders, Family Court, New York County (Jody Adams, J.), entered on or about March 23, 2009, which, upon findings of permanent neglect, terminated respondent mother's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, 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.
Andrias, J.P., Saxe, McGuire, Moskowitz, Freedman, JJ.
The agency was excused from making diligent efforts to encourage and strengthen the parental relationship, in light of the termination of parental rights of the mother's other children (see Matter of Evelyse Luz S., 57 AD3d 329 ; Family Court Act § 1039-b[b]). In any event, the record establishes that the agency did exercise such diligent efforts and that the findings of permanent neglect were supported by clear and convincing evidence (see Social Services Law § 384-b[a]). The mother failed to plan for the children's future by failing to secure employment and appropriate housing and failed to gain insight into the conditions that led to the placement of the children (see Matter of Milan N., 45 AD3d 358, 359 , lv denied 10 NY3d 703 ).
A preponderance of the evidence supports the determination that the termination of parental rights to facilitate the adoptive process was in the best interests of the children. The children have lived with their foster parents for most of their lives and are provided with a loving and supportive home (see Matter of Star Leslie W., 63 NY2d 136, 147-48 ; Matter of Tyreese H., 4 AD3d 208 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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