IN RE: ANTWONE LEE S. and another (2008)

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

IN RE: ANTWONE LEE S. and another, Dependent Children Under Eighteen Years of Age, etc., Tracye W., also known as Tracye S., Respondent-Appellant, The Catholic Home Bureau for Dependent Children, Petitioner-Respondent.

Decided: March 04, 2008

NARDELLI, J.P., WILLIAMS, SWEENY, CATTERSON, JJ.

Lisa H. Blitman, New York, for appellant. Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent. Steven Banks, The Legal Aid Society, New York (Judy Waksberg of counsel), Law Guardian, and Proskauer Rose, LLP, New York (Andrew I. Gerber of counsel), for Law Guardian.

Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 20, 2006, which, upon a finding of permanent neglect, terminated respondent's parental rights to the subject children and committed custody and guardianship of the children 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 of respondent's failure, notwithstanding the petitioner's diligent efforts, to learn to control her anger and complete all of the programs to which she was referred, and refusal to accept guidance on proper parenting (see Matter of Alpacheta C., 41 A.D.3d 285, 839 N.Y.S.2d 43 [2007], lv. denied 9 N.Y.3d 812, 846 N.Y.S.2d 602, 877 N.E.2d 652 [2007]; Matter of Jah'lil Dale Emanuel McC., 44 A.D.3d 547, 844 N.Y.S.2d 38 [2007] ). Termination of respondent's parental rights is supported by a preponderance of the evidence showing that the children, who have been in foster care virtually since birth, have bonded with a foster parent who provides for their special needs and desires to adopt, and that respondent continues to have problems controlling her anger and does not have suitable housing (see Matter of Shaka Efion C., 207 A.D.2d 740, 616 N.Y.S.2d 620 [1994] ).

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