IN RE: EVONNE WANDA J. (2005)

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

IN RE: EVONNE WANDA J., etc., A Dependent Child Under the Age of Eighteen Years, etc., Khalilah Asia M., Respondent-Appellant, Children's Village, Petitioner-Respondent.

Decided: March 03, 2005

BUCKLEY, P.J., MAZZARELLI, ELLERIN, WILLIAMS, SWEENY, JJ.

Law Offices of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), for appellant. Rosin & Reiniger, New York (Douglas J. Reiniger of counsel), for respondent. Steven Banks, The Legal Aid Society, New York (Amy Hausknecht of counsel), Law Guardian.

Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about January 7, 2003, after a fact-finding determination of permanent neglect, terminating respondent's parental rights to the subject child and committing the child's custody and guardianship to petitioner agency 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 to encourage and strengthen the parental relationship, respondent failed to maintain contact with the child and did not plan for her future (Social Services Law § 384-b [7][a] ). A preponderance of the evidence shows that child's adoption by a nurturing foster parent with whom she has been living almost since birth is in her best interests (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] ).

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