IN RE: ALANTE M.

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

IN RE: ALANTE M., A Dependent Child Under the Age of Eighteen Years, etc., Thomasina M., Respondent-Appellant, Angel Guardian-St. Mary's Children and Family Services, Inc., Petitioner-Respondent.

Decided: February 28, 2006

BUCKLEY, P.J., ANDRIAS, FRIEDMAN, MARLOW, GONZALEZ, JJ. Law Offices of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), and Proskauer Rose LLP, New York (Elizabeth K. McManus of counsel), Law Guardian.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about August 6, 2004, which, upon a finding of permanent neglect, terminated respondent mother's parental rights with respect to the subject child and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Petitioner established clearly and convincingly that respondent mother had permanently neglected the subject child.   Although the agency repeatedly attempted to assist respondent to meet goals for the child's return, she complied only sporadically, ultimately failing to take the necessary affirmative steps to formulate a realistic plan for the child's future (see Matter of Star Leslie W., 63 N.Y.2d 136, 142-143, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ).   The evidence at the dispositional hearing clearly demonstrated that freeing the child for adoption by his foster mother, who has provided him with a caring and nurturing home for most of his life, would be in his best interests (see id. at 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824).