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In re Jordan E. G. L. (Anonymous)

Supreme Court of New York, Second Department

July 3, 2013

In the Matter of Jordan E. G. L. (Anonymous). Leake and Watts Services, Inc., respondent; and Christina D. L. (Anonymous), appellant. Docket No. B-12560/09

Steven P. Forbes, Jamaica, N.Y., for appellant.

James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Waksberg of counsel), attorney for the child.

DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, SANDRA L. SGROI, SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Queens County (Tally, J.), dated April 3, 2012, as, after fact-finding and dispositional hearings, upon finding that she permanent neglected the subject child, terminated her parental rights and transferred custody and guardianship of the child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court's determination that it was in the child's best interests to terminate the mother's parental rights and free the child for adoption by his foster mother, who also cares for and intends to adopt the child's sibling, is supported by a preponderance of the evidence (see Matter of Jewels E.R. [ Julien R. ], 104 A.D.3d 773; Matter of Adam L. [ Marie L.-K.], 97 A.D.3d 581, 582; Matter of Jonathan B. [ Linda S.], 84 A.D.3d 1078, 1080). Contrary to the mother's contention, a suspended judgment was not warranted, despite the mother's recent progress and efforts to avail herself of the services offered to her, because the child has bonded with the foster mother who has consistently provided for his specialized needs and cared for him for most of his life (see Matter of Walter D.H. [ Zaire L. ], 91 A.D.3d 950, 951; Matter of Angelica W. [ Dorothy W.], 80 A.D.3d 772, 773).

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.


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