IN RE: CUSTODY and Guardianship OF ZIANA PATRICIA D. (2001)

Order, Family Court, Bronx County (Marjory Fields, J.), entered on or about February 23, 1999, which, upon a fact-finding determination of permanent neglect against respondent father, terminated his parental rights with respect to the subject child and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

 The finding of permanent neglect is supported by clear and convincing evidence that respondent, during the statutorily relevant time period, failed to maintain substantial contact with his daughter and failed to plan for her future, despite petitioner agency's diligent efforts to assist him in meeting his parental obligations (Social Services Law § 384-b(7)(a);  see, Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824).   The only plan offered by respondent for his daughter was for her to live with his mother.   Respondent's mother, however, refused to take the child and never contacted her (see, Matter of Charles Frederick Eugene M., 171 A.D.2d 343, 347, 577 N.Y.S.2d 253, appeal dismissed 79 N.Y.2d 977, 583 N.Y.S.2d 194, 592 N.E.2d 802).   Family Court's determination that freeing the child for adoption by the foster family with whom she has lived since infancy was in the child's best interests is supported by a fair preponderance of the evidence (see, Matter of Joseph Jerome H., 224 A.D.2d 224, 637 N.Y.S.2d 401).