Robert A.T., Respondent-Appellant. v. << (2006)

We conclude that Family Court properly determined that it is in the best interests of respondent's two children to extend their foster care placement to March 9, 2006.   Petitioner met its burden of establishing by a preponderance of the evidence both that respondent remains unable to care for his children and that their continued placement out of the home is in their best interests (see generally Matter of Umer K., 257 A.D.2d 195, 197-198, 690 N.Y.S.2d 248;  Matter of Belinda B., 114 A.D.2d 70, 74, 497 N.Y.S.2d 961).   The evidence presented at the hearing establishes that respondent failed satisfactorily to address his mental illness and failed to provide a safe and stable residence and means of support for the children, thus warranting the extension of their foster care placement (see generally Matter of Giselle H., 22 A.D.3d 578, 804 N.Y.S.2d 323;  Umer K., 257 A.D.2d at 198-199, 690 N.Y.S.2d 248;  Matter of Tanya M., 207 A.D.2d 656, 616 N.Y.S.2d 45).

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

MEMORANDUM: