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IN RE: VIVIAN OO., Alleged to be a Permanently Neglected Child. Tompkins County Department of Social Services, Respondent; James OO., Appellant.
Appeal from an order of the Family Court of Tompkins County (Rowley, J.), entered November 3, 2005, which granted petitioner's application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent's child to be permanently neglected, and terminated respondent's parental rights.
Following a hearing, Family Court found, among other things, that respondent had permanently neglected his four-year-old daughter. The court then terminated his parental rights, as well as those of the child's mother. Respondent now appeals, arguing that Family Court erred in making both determinations. As to the determination of the mother's parental rights, however, respondent cannot be considered an aggrieved party, and this aspect of his appeal must be dismissed (see CPLR 5511; Matter of Dana XX. [Stephanie XX.], 28 A.D.3d 1025, 1026, 814 N.Y.S.2d 760 [2006]; Matter of William XX. v. Broome County Dept. of Social Servs., 11 A.D.3d 735, 736, 783 N.Y.S.2d 119 [2004]; Matter of Dana S. [George S.-Marie R.], 249 A.D.2d 582, 584, 670 N.Y.S.2d 627 [1998] ).
As to respondent's contention that his own rights should not have been terminated, we note that he did not testify at the fact-finding hearing, permitting Family Court to draw the strongest inference against him that petitioner's evidence would allow (see Matter of Nassau County Dept. of Social Servs. [Dante M.] v. Denise J., 87 N.Y.2d 73, 79, 637 N.Y.S.2d 666, 661 N.E.2d 138 [1995]; Matter of Antonio NN. [Jennifer OO.], 28 A.D.3d 826, 827, 812 N.Y.S.2d 176 [2006]; Matter of Karina U. [Vickie V.], 299 A.D.2d 772, 773, 751 N.Y.S.2d 114 [2002], lv. denied 100 N.Y.2d 501, 760 N.Y.S.2d 764, 790 N.E.2d 1193 [2003] ). Petitioner established that respondent had not sought permanent housing and was not participating in sex offender treatment as his service plan required. His “failure to correct the conditions that led to the removal of the child is interpreted as the failure to plan for the child's future” (Matter of Karina U. [Vickie V.], supra at 773, 751 N.Y.S.2d 114; see Matter of Princess C. [Lavonia D.], 279 A.D.2d 825, 826, 718 N.Y.S.2d 737 [2001], lv. denied 97 N.Y.2d 726, 740 N.Y.S.2d 697, 767 N.E.2d 154 [2002] ). Thus, the record amply supports Family Court's determination.
ORDERED that the order is affirmed, without costs.
ROSE, J.
CARDONA, P.J., MERCURE, PETERS and CARPINELLO, JJ., concur.
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Decided: October 19, 2006
Court: Supreme Court, Appellate Division, Third Department, New York.
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