IN RE: Application (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application, etc., DAENETTA SALEEMA NICOLE I., et al., Dependent Children Under the Age of Eighteen Years, etc., Miracle Makers, Inc., Petitioner-Respondent, Suzanne B., et al., Respondents-Appellants.

Decided: February 02, 1999

NARDELLI, J.P., LERNER, MAZZARELLI and SAXE, JJ.

Kenneth Rabb, for Daenetta Saleema Nicole I., et al. Michael A. Neff, for Petitioner-Respondent. Lawrence A. Salvato and John A. Pappalardo, for Respondents-Appellants.

Orders of disposition, Family Court, Bronx County (HARVEY SKLAVER, J.), ENTERED ON OR ABOUT DECembEr 18, 1995, terMINAting respondents' parental rights to the subject children upon findings of permanent neglect, and transferring guardianship and custody of the children to petitioner and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that despite the agency's diligent efforts, respondents, among other things, repeatedly failed to visit the children and also failed to attend a counseling program that the agency deemed necessary to any viable plan for the children's future (see, Matter of S.T.M. D., Jr., 251 A.D.2d 131, 674 N.Y.S.2d 327, lv. denied 92 N.Y.2d 812, 680 N.Y.S.2d 905, 703 N.E.2d 763). We agree with Family Court that freeing the children for adoption is in their best interests.

MEMORANDUM DECISION.

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