II v. << (2008)

 Respondent father appeals from an order of disposition that terminated his parental rights with respect to his two children.   At a dispositional hearing in which the petitioner seeks to terminate parental rights, Family Court “must be concerned only with the best interests of the child” (Matter of Star Leslie W., 63 N.Y.2d 136, 147, 481 N.Y.S.2d 26, 470 N.E.2d 824;  see also Matter of Michael Allen S., 187 A.D.2d 978, 590 N.Y.S.2d 337).   Here, the father is serving a prison term of 25 years to life for murdering the children's mother, and we thus conclude that the best interests of the children would be served by freeing them for adoption by their foster parents.   The “long term foster care” proposed by the father would not be in the best interests of the children because it would deprive them of a “permanent, nurturing family relationship” (Matter of Michael B., 80 N.Y.2d 299, 310, 590 N.Y.S.2d 60, 604 N.E.2d 122;  see Matter of Gregory B., 74 N.Y.2d 77, 90, 544 N.Y.S.2d 535, 542 N.E.2d 1052, rearg. denied 74 N.Y.2d 880, 547 N.Y.S.2d 841, 547 N.E.2d 96;  Matter of Joyce T., 65 N.Y.2d 39, 47-48, 489 N.Y.S.2d 705, 478 N.E.2d 1306).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: