IN RE: ELIZABETH AMANDA T.

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

IN RE: ELIZABETH AMANDA T., etc., and Another, Dependent Children Under the Age of Eighteen Years, etc., Helene Lisa H., etc., Respondent-Appellant, Graham-Windham Services to Families and Children, Petitioner-Respondent.

Decided: June 19, 2008

MAZZARELLI, J.P., ANDRIAS, WILLIAMS, RENWICK, JJ. John J. Marafino, Mount Vernon, for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Tamra A. Steckler, The Legal Aid Society, New York (Mitchell Katz of counsel), Law Guardian.

Orders of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about April 5, 2006, which, upon findings of permanent neglect, terminated respondent mother's parental rights to the subject children and transferred custody and guardianship of the children to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence established that petitioner agency met its obligation to endeavor diligently to strengthen the parental relationship by, inter alia, arranging visitation and providing referrals for parenting classes and psychiatric evaluation, and that respondent failed to meaningfully avail herself of these services so as to gain insight into her own behavior, address the issues that led to the children's removal from the home, and prepare to assume custodial parenting responsibilities (see Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984];  Matter of Kimberly C., 37 A.D.3d 192, 829 N.Y.S.2d 84 [2007], lv. denied 8 N.Y.3d 813, 836 N.Y.S.2d 553, 868 N.E.2d 236 [2007];  Matter of Lenny R., 22 A.D.3d 240, 802 N.Y.S.2d 37 [2005], lv. denied 6 N.Y.3d 708, 812 N.Y.S.2d 443, 845 N.E.2d 1274 [2006] ).

A preponderance of the evidence established that since 2003 the children have been in a stable and caring pre-adoptive home where they have bonded with their foster mother and the other children, and that termination of respondent's parental rights is in their best interests (see Matter of Racquel Olivia M., 37 A.D.3d 279, 830 N.Y.S.2d 96 [2007], lv. denied 8 N.Y.3d 812, 836 N.Y.S.2d 551, 868 N.E.2d 235 [2007];  Matter of Amani T., 33 A.D.3d 542, 822 N.Y.S.2d 540 [2006] ).