IN RE: EMPRESS ADDIS ABABA H. (2005)

Supreme Court, Appellate Division, First Department, New York.

IN RE: EMPRESS ADDIS ABABA H., A Dependent Child Under the Age of Eighteen Years, etc., Melinda Rena E., Respondent-Appellant, St. Vincent's Services, Inc., Petitioner-Respondent.

Decided: March 22, 2005

TOM, J.P., ANDRIAS, SAXE, FRIEDMAN, NARDELLI, JJ.

Geoffrey P. Berman, Mamaroneck, for appellant. Magovern & Sclafani, New York (David A. LoRe of counsel), for respondent. Steven Banks, The Legal Aid Society, New York (Judith Waksberg of counsel), and Proskauer Rose, LLP, New York (Jonathan Galler of counsel), Law Guardian.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 31, 2003, which, upon a finding of permanent neglect, terminated respondent's parental rights to the subject child and committed the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that the agency's diligent efforts to encourage the parental relationship were thwarted by respondent's sporadic attendance at visitation, agency counseling meetings, service plan reviews and other agency appointments, her failure to complete a substance abuse program, and her non-cooperation with other components of the agency's service plan (see Matter of Byron Christopher Malik J., 309 A.D.2d 669, 765 N.Y.S.2d 874 [2003] ). A preponderance of the evidence shows that respondent does not have a realistic and feasible plan for providing the child with an adequate and stable home as might warrant a suspended judgment (see Matter of Charlene Lashay J., 280 A.D.2d 320, 720 N.Y.S.2d 469 [2001] ), and that termination of parental rights is in the child's best interests.

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