IN RE: PRUDICAL ANTONIO D. (2007)

Order of disposition, Family Court, New York County (Carol Ann Stokinger, J.), entered on or about December 1, 2004, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child and committed custody and guardianship of the child to petitioner Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

 The evidence of permanent neglect is clear and convincing given respondent mother's admitted drug use, which required the child's placement in foster care from the time he was three weeks old, and which has continued despite petitioner's diligent efforts to help respondent rehabilitate (see Social Services Law § 384–b[7][c];  Matter of David J., 260 A.D.2d 279, 688 N.Y.S.2d 543 [1999];  Matter of Selathia Nicole F., 243 A.D.2d 400, 663 N.Y.S.2d 183 [1997], lv. denied 91 N.Y.2d 806, 669 N.Y.S.2d 1, 691 N.E.2d 1027 [1998];  Matter of Lameek L., 226 A.D.2d 464, 640 N.Y.S.2d 600 [1996] ).   A preponderance of the evidence (see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ) shows that the termination of respondent's parental rights is in the child's best interests.   Respondent, by reason of inadequately addressed and continuing drug dependency and related re-incarceration, will not be able to undertake custodial parenting responsibilities in the near term.   Under the circumstances, the child's best chance for a stable and nurturing familial life lies in his adoption by his foster parent, in whose care he has been since birth, by whom his special needs are addressed, and with whom he has established a loving relationship.

We have considered appellant's remaining arguments and find them unavailing.