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In re Zyair F.W.

Supreme Court of New York, First Department

October 24, 2013

In re Micah Zyair F.W., A Dependent Child Under the Age of Eighteen Years, etc.,
v.
Tiffany L. Respondent-Appellant, Leake and Watts Services, Inc., Petitioner-Respondent. and

Geoffrey P. Berman, Larchmont, for appellant.

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

Andrew H. Rossmer, Bronx, attorney for the child.

Order of disposition, Family Court, Bronx County (Anne-Marie Jolly, J.), entered on or about September 20, 2012, to the extent it is based upon the finding that respondent mother permanently neglected the subject child, unanimously affirmed, without costs.

Petitioner agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship, including referring respondent to programs addressing her drug abuse, anger management issues, and parenting skills, and that nevertheless respondent failed to complete any program, visit consistently, or take steps to provide a stable and suitable home for the child (see Matter of Sheila G., 61 N.Y.2d 368 [1984]; Matter of Amilya Jayla S. [Princess Debbie A.], 83 A.D.3d 582 [1st Dept 2011]; Matter of Arden Jermaine H., 33 A.D.3d 369 [1st Dept 2006], lv denied 8 N.Y.3d 809 [2007]; Social Services Law § 384-b[3][g][i], [7][a]).

The court properly denied counsel's request for an adjournment when respondent, who was fully aware of the scheduled date for continuation of the fact-finding hearing, did not appear.


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