In the Matter of Tymel P. (Anonymous), also known as Tyemel J. P. (Anonymous). Coalition for Hispanic Family Services, respondent; Tyrone P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tyequal P. (Anonymous), also known as Tyeqail E. P. (Anonymous). Coalition for Hispanic Family Services, respondent; Tyrone P. (Anonymous), appellant. (Proceeding No. 2) Docket Nos. B-9943-13, B-9944-13
Jeffrey C. Bluth, New York, NY, for appellant.
M. Abramson, PLLC, New York, NY (Dawn M. Orsatti of counsel),
Seymour W. James, Jr., New York, NY (Tamara A. Steckler and
Diane Pazar of counsel), attorney for the children.
C. DILLON, J.P., ROBERT J. MILLER, BETSY BARROS, LINDA
DECISION & ORDER
from two orders of disposition of the Family Court, Kings
County (Ilana Gruebel, J.), both dated March 15, 2017 (one as
to each child), and a decision of that court dated May 16,
2016. The orders of disposition, insofar as appealed from,
after fact-finding and dispositional hearings, and upon a
fact-finding order of that court dated January 6, 2016, and
the decision dated May 16, 2016, terminated the father's
parental rights and transferred guardianship and custody of
the children to the petitioner, Coalition for Hispanic Family
Services, and to the Commissioner of Social Services of the
City of New York for the purpose of adoption.
that the appeal from the decision dated May 16, 2016, is
dismissed, without costs or disbursements, as no appeal lies
from a decision (see Schicchi v J.A. Green Constr.
Corp., 100 A.D.2d 509); and it is further, ORDERED that
the orders of disposition are affirmed insofar as appealed
from, without costs or disbursements.
appellant is the father of two children, who have been in a
non-kinship foster home since 2010, when their sister was
fatally abused by their mother and maternal grandmother. The
father and mother were not married to each other. After
fact-finding and dispositional hearings, the Family Court
found that the father had permanently neglected the subject
children, terminated his parental rights, and transferred
guardianship and custody of the children to the petitioner,
Coalition for Hispanic Family Services (hereinafter the
agency) and to the Commissioner of Social Services of the
City of New York for the purpose of adoption.
to the father's contentions, the Family Court did not err
in finding that he had permanently neglected the children
(see Social Services Law § 384-b). There was
clear and convincing proof that, despite the agency's
diligent efforts to encourage and strengthen the parental
relationship, the father, for a period of one year following
the children's placement with the agency, failed to
substantially and continuously maintain contact with the
children, and failed to plan for the future of the children,
although physically and financially able to do so
(see Social Services Law § 384-b; Matter of
Star Leslie W., 63 N.Y.2d 136). The father's mere
participation in classes and programs was not enough to meet
the requirement to plan for the children's future when he
did not benefit from the services, programs, and support
offered and did not utilize the tools or lessons learned in
those classes in order to successfully plan for the
children's future (see Matter of Jessica U.
[Stephanie U.], 152 A.D.3d 1001; Matter of Aniya L.
[Samatha L.], 124 A.D.3d 1001, 1004).
dispositional order suspending judgment is a dispositional
alternative, upon a finding of permanent neglect, that
affords "a brief grace period designed to prepare the
parent to be reunited with the child" (Matter of
Michael B., 80 N.Y.2d 299, 311; see Family Ct
Act § 633). In essence, an order suspending judgment
provides the parent with a second chance, but it may be
utilized only when the court determines that a second chance
is in the child's best interests (see Family Ct
Act §§ 631, 633; Matter of Michael B., 80
N.Y.2d at 311; Matter of Jalil U. [Rachel L.-U.],
103 A.D.3d 658, 659). Contrary to the father's
contention, the Family Court properly determined that
termination of his parental rights was in the best interests
of the children, and that a suspended judgment was not
appropriate given the father's lack of insight into his
problems and his failure to address the primary issues which
led to the children's removal (see Matter of Lasuree
A.B. [Carla S. B.], 141 A.D.3d 578, 579; Matter of
Aaliyah L.C. [Jamie A.], 128 A.D.3d 955, 956; Matter
of Kayla S.-G. [David G.], 125 A.D.3d 980, 981;
Matter of Justice C. [Wanda C.], 124 A.D.3d 885,
885-886; Matter of Chanel C. [Vanessa N.], 118
A.D.3d 826, 828; Matter of Christopher T. [Margarita
V.], 94 A.D.3d 900, 901).
the record supports the Family Court's determination that
the best interests of the children would be served by freeing
them for adoption by their foster mother, with whom they had
bonded and resided for seven years (see Matter of Xiomara
D. [Faith D.], 141 A.D.3d 585, 585; Matter of Corey
S. [Angel S.], 112 A.D.3d 641, 642; Matter of
Anthony R. [Juliann A.], 90 A.D.3d 1055, 1056-1057;
Matter of "Baby Boy" E., 42 A.D.3d 536,
536-537; Matter of Juanita F., 291 A.D.2d 496).
father's remaining contention is without merit.
DILLON, J.P., MILLER, BARROS and ...