IN RE: DIANE H. (Anonymous).

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

IN RE: DIANE H. (Anonymous). Seaman's Society for Children and Families, et al., respondents; Matthew H. (Anonymous), Sr., et al., appellants.  (Proceeding No. 1). In the Matter of Missy H. (Anonymous). Seaman's Society for Children and Families, et al., respondents; Matthew H. (Anonymous), Sr., et al., appellants.  (Proceeding No. 2). In the Matter of Alexya H. (Anonymous). Seaman's Society for Children and Families, et al., respondents; Matthew H. (Anonymous), Sr., et al., appellants.  (Proceeding No. 3). In the Matter of Jose H. (Anonymous). Seaman's Society for Children and Families, et al., respondents; Matthew H. (Anonymous), Sr., et al., appellants.  (Proceeding No. 4). In the Matter of Matthew H. (Anonymous), Jr. Seaman's Society for Children and Families, et al., respondents; Matthew H. (Anonymous), Sr., et al., appellants.  (Proceeding No. 5).

Decided: November 29, 2004

DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, and WILLIAM F. MASTRO, JJ. Steven P. Forbes, Jamaica, N.Y., for appellant Matthew H., Sr. Pauline E. Braun, Valley Stream, N.Y., for appellant Julie H. John R. Eyerman, New York, N.Y., for respondent Seaman's Society for Children and Families. Marc A. Berk, Staten Island, N.Y., Law Guardian for the children.

In five related proceedings pursuant to Social Services Law § 384-b to terminate parental rights by reason of severe abuse, the father appeals, and the mother separately appeals, from an order of disposition of the Family Court, Richmond County (Porzio, J.), dated August 22, 2003, which, after a fact-finding hearing, and upon findings that they had severely abused the children, inter alia, terminated their parental rights and transferred custody and guardianship of the children to the Seaman's Society for Children and Families and the Administration for Children's Services for the purpose of adoption.

ORDERED that the order is affirmed, without costs or disbursements.

The evidence adduced at the fact-finding hearing supports, by clear and convincing evidence, the Family Court's finding as to the mother's severe abuse pursuant to Social Services Law § 384-b(8)(a).   Contrary to the mother's contention, the petitioner was not required to demonstrate “diligent efforts” to strengthen the parental relationship before the Family Court could terminate her parental rights.   The Family Court previously determined that reasonable efforts would not make it possible for the child to return safely to the home, and thus there was no need to show diligent efforts to reunite the family (see Social Services § 384-b(8)(a)(iv);  Matter of Marino S., 293 A.D.2d 223, 741 N.Y.S.2d 207, affd. 100 N.Y.2d 361, 763 N.Y.S.2d 796, 795 N.E.2d 21, cert. denied 540 U.S. 1059, 124 S.Ct. 834, 157 L.Ed.2d 714).

We have reviewed the record and agree with the father's assigned counsel that there are no nonfrivolous issues which could be raised on his appeal.   Counsel's application for leave to withdraw as counsel to the father is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;  People v. Vasquez, 70 N.Y.2d 1, 516 N.Y.S.2d 921, 509 N.E.2d 934;  People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399;  cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987).

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