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IN RE: LYMIK TAVON McN., A Child Under the Age of Eighteen Years, etc., Commissioner of the Administration for Children's Services, et al., Petitioners–Respondents, Bridgette Lawanda McN., Respondent–Appellant.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about January 11, 2000, terminating respondent's parental rights to the subject child upon a finding of permanent neglect, and committing the child's custody and guardianship to petitioners for the purposes of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that respondent did not cooperate with the agency's diligent efforts to assist her to overcome the problems that led to the child's placement, including referrals to drug treatment and parenting skills programs and to an agency that could help her find suitable housing (see, Matter of Evsoreen Jadwiga S., 284 A.D.2d 229, 726 N.Y.S.2d 267; Matter of Darrell Sheman A., 283 A.D.2d 185, 724 N.Y.S.2d 596). The finding that it is in the child's best interests to be adopted by his foster mother is supported by a fair preponderance of the evidence, including that offered by agency employees as to the foster mother's ability and willingness to care for the child and desire to adopt (see, Matter of Ferdinand V., 277 A.D.2d 133, 717 N.Y.S.2d 59, lv. denied 96 N.Y.2d 705, 725 N.Y.S.2d 277, 748 N.E.2d 1073; Matter of David Michael J., 217 A.D.2d 1008, 629 N.Y.S.2d 932, lv. denied 87 N.Y.2d 801, 637 N.Y.S.2d 688, 661 N.E.2d 160).
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Decided: January 29, 2002
Court: Supreme Court, Appellate Division, First Department, New York.
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