In re Angel P.
| Citation | 137 A.D.3d 793,26 N.Y.S.3d 547 |
| Parties | In the Matter of ANGEL P. (Anonymous). St. Vincent's Services, Inc., petitioner-respondent; Evelyn C. (Anonymous), respondent-respondent, et al., respondent, Keith G. (Anonymous), intervenor-appellant. (Proceeding No. 1) In the Matter of Keith G. (Anonymous), petitioner-appellant, v. Administration for Children's Services, et al., respondents-respondents. (Proceeding No. 2). |
| Decision Date | 02 March 2016 |
| Court | New York Supreme Court — Appellate Division |
137 A.D.3d 793
26 N.Y.S.3d 547
In the Matter of ANGEL P. (Anonymous).
St. Vincent's Services, Inc., petitioner-respondent;
Evelyn C. (Anonymous), respondent-respondent, et al., respondent,
Keith G. (Anonymous), intervenor-appellant. (Proceeding No. 1)
In the Matter of Keith G. (Anonymous), petitioner-appellant,
v.
Administration for Children's Services, et al., respondents-respondents. (Proceeding No. 2).
Supreme Court, Appellate Division, Second Department, New York.
March 2, 2016.
Philip M. Genty, New York, N.Y., for intervenor-appellant in Proceeding No. 1 and petitioner-appellant in Proceeding No. 2.
Magovern & Sclafani, Mineola, N.Y. (Frederick J. Magovern of counsel), for St. Vincent's Services, Inc., petitioner-respondent in Proceeding No. 1 and respondent-respondent in Proceeding No. 2.
Zvi Ostrin, New York, N.Y., for Evelyn C., respondent-respondent in Proceeding Nos. 1 and 2.
Christian P. Myrill, Jamaica, N.Y., attorney for the child.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, ROBERT J. MILLER, and BETSY BARROS, JJ.
Appeals from (1) an order of fact-finding of the Family Court, Queens County (Margaret Parisi McGowan, J.), dated May 1, 2014, (2) an order of disposition of that court dated July 14, 2014, and (3) an order of fact-finding and disposition of that court dated August 4, 2014. The order of fact-finding, after a hearing, found, inter alia, that the appellant's consent to the adoption of the subject child is not required. The order of disposition, after a hearing, determined that it is in the subject child's best interests to be adopted by his foster parents, terminated the appellant's parental rights, and dismissed the appellant's custody petition. The order of fact-finding and disposition, insofar as appealed from, determined that the appellant's consent to the adoption of the subject child is not required and transferred custody and guardianship of the subject child to St. Vincent's Services, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption, without further notice to the appellant.
ORDERED that the appeals from (1) the order of fact-finding dated May 1,
2014, and (2) so much of the order of disposition dated July 14, 2014, as determined that it is in the subject child's best interests to be adopted by his foster parents and terminated the appellant's parental rights, are dismissed, without costs or disbursements, as the order of fact-finding and those portions of the order of disposition were superseded by the order of fact-finding and disposition dated August 4, 2014; and it is further,
ORDERED that the order of disposition dated July 14, 2014, is affirmed insofar as reviewed, without costs or disbursements; and it is further,
ORDERED that the order of fact-finding and disposition dated August 4, 2014, is affirmed, without costs or disbursements.
The subject child was born in February 2008. Luis P. was listed as the father on the birth certificate and later registered with the Putative Father Registry. At eight months of age, the child was removed from his mother's care and placed into foster care with St. Vincent's Services, Inc. (hereinafter SVS). The child was placed in kinship foster care with his maternal great aunt and uncle. The...
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... ... 's progress notes, which were admitted into evidence without objection, established a prima facie case of permanent neglect, and the mother had the opportunity to cross-examine the petitioner's caseworker, who was called as a witness by the attorney for the children (see generally Matter of Angel P. [Evelyn C.-Keith G.], 137 A.D.3d 793, 795, 26 N.Y.S.3d 547 ; Matter of Jeremiah J.W. [Tionna W.], 134 A.D.3d 848, 849, 22 N.Y.S.3d 215 ). Contrary to the mother's contention, the petitioner established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the ... ...
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Cynthia M.V. v. Sco Family of Servs.
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In re David L.S. (Anonymous) Iii. Admin. for Children's Servs.
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