H., AALIYAH, MTR. OF ( 2015 )


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  •         SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    1400
    CAF 14-00970, CAF 14-01081
    PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.
    IN THE MATTER OF AALIYAH H.
    ----------------------------------------------
    ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES,
    PETITIONER-RESPONDENT;
    MEMORANDUM AND ORDER
    MARY H. AND ISAIAH H., RESPONDENTS-APPELLANTS.
    (APPEAL NO. 1.)
    STEPHEN L. CIMINO, SYRACUSE, FOR RESPONDENT-APPELLANT MARY H.
    D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF
    COUNSEL), FOR RESPONDENT-APPELLANT ISAIAH H.
    ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (CATHERINE Z. GILMORE OF
    COUNSEL), FOR PETITIONER-RESPONDENT.
    CHRISTOPHER E. BURKE, ATTORNEY FOR THE CHILD, SYRACUSE.
    Appeals from an order of the Family Court, Onondaga County
    (Michael L. Hanuszczak, J.), entered May 28, 2014 in a proceeding
    pursuant to Family Court Act article 6 and Social Services Law § 384-
    b. The order, among other things, terminated respondents’ parental
    rights.
    It is hereby ORDERED that the order so appealed from is
    unanimously affirmed without costs.
    Memorandum: In appeal No. 1, respondents appeal from an order in
    a proceeding pursuant to Family Court Act article 6 and Social
    Services Law § 384-b that terminated their parental rights with
    respect to their child. In appeal No. 2, respondent mother appeals
    from an order in a similar proceeding terminating her parental rights
    with respect to another child.
    Contrary to the contentions of respondents in both appeals,
    Family Court properly terminated their parental rights with respect to
    their child in appeal No. 1, and the mother’s child in appeal No. 2,
    on the ground of permanent neglect. Respondents admitted that they
    permanently neglected their respective children, and the record of the
    dispositional hearing supports the court’s determination that the best
    interests of the children would be served by terminating respondents’
    respective parental rights and freeing the children for adoption (see
    Matter of La'Derrick J.W. [Ashley W.], 85 AD3d 1600, 1602, lv denied
    17 NY3d 709; Matter of Eleydie R. [Maria R.], 77 AD3d 1423, 1424).
    -2-                          1400
    CAF 14-00970, CAF 14-01081
    Contrary to the mother’s contention in both appeals, the record
    supports the court’s determination that a suspended judgment would not
    serve the best interests of the children (see Matter of Alex C., Jr.
    [Alex C., Sr.], 114 AD3d 1149, 1150, lv denied 23 NY3d 901; Matter of
    Tiara B. [Torrence B.], 70 AD3d 1307, 1307-1308, lv denied 14 NY3d
    709; see generally Matter of Mercedes L., 12 AD3d 1184, 1185; Matter
    of Saboor C., 303 AD2d 1022, 1023). The mother’s “negligible
    progress” in addressing the issues that resulted in the children’s
    removal from her custody was “ ‘not sufficient to warrant any further
    prolongation of the child[ren]’s unsettled familial status’ ” (Matter
    of Alexander M. [Michael A.M.], 106 AD3d 1524, 1525; see Matter of
    Joanna P. [Patricia M.], 101 AD3d 1751, 1752, lv denied 20 NY3d 863;
    Matter of Keegan JJ. [Amanda JJ.], 72 AD3d 1159, 1161-1162).
    Respondent father further contends in appeal No. 1 that, because
    the children had different parentage, they had different interests,
    thereby creating a conflict of interest for the Attorney for the
    Children (AFC), who represented both children at the same hearing.
    The father failed to preserve that contention for our review “inasmuch
    as []he made no motion to remove the AFC” (Matter of Swinson v Dobson,
    101 AD3d 1686, 1687, lv denied 20 NY3d 862; see Matter of Ordona v
    Cothern, 126 AD3d 1544, 1546; see generally Matter of Nelissa O. v
    Danny C., 70 AD3d 572, 573).
    Entered: December 31, 2015                      Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: CAF 14-00970

Filed Date: 12/31/2015

Precedential Status: Precedential

Modified Date: 10/7/2016