In re Christopher S. (Anonymous). Sco Family of Servs.
Decision Date | 01 November 2017 |
Docket Number | 2016-09786, Docket No. B-10120-10. |
Citation | 63 N.Y.S.3d 490,155 A.D.3d 630 |
Parties | In the Matter of CHRISTOPHER S. (Anonymous). SCO Family of Services, Respondent; Elizabeth S. (Anonymous), et al., Appellants. |
Court | New York Supreme Court — Appellate Division |
155 A.D.3d 630
63 N.Y.S.3d 490
In the Matter of CHRISTOPHER S. (Anonymous).
SCO Family of Services, Respondent;
Elizabeth S. (Anonymous), et al., Appellants.
2016-09786, Docket No. B-10120-10.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 1, 2017.
Peter Wilner, Jamaica, NY, for appellant Elizabeth S.
Lauri Gennusa, Jamaica, NY, for appellant Jose G.
Carrieri & Carrieri, P.C., Mineola, NY (Ralph R. Carrieri of counsel), for respondent.
Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Susan Clement of counsel), attorney for the child.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, and ANGELA G. IANNACCI, JJ.
Separate appeals by the mother and the father from an amended order of fact-finding and disposition of the Family Court, Queens County (Mary O'Donoghue, J.), dated August 8, 2016. The amended order, after fact-finding and dispositional hearings, found that both parents had permanently neglected the subject child, terminated the parental rights of both parents, and transferred guardianship and custody of the child to the Commissioner of Social Services of the City of New York and SCO Family of Services for the purpose of adoption.
ORDERED that the amended order of fact-finding and disposition is affirmed, without costs or disbursements.
The subject child was born in May 2007, and was placed in foster care upon his discharge from the hospital. He has lived with the same foster mother since September 2007. In 2010, the petitioner commenced this proceeding pursuant to Social Services Law § 384–b to terminate the mother's parental rights on the basis that she was unable to care for the child due to her mental illness, and to terminate both parents' parental rights on the basis of permanent neglect. Thereafter, the petitioner withdrew the cause of action alleging mental illness with respect to the mother. After fact-finding and dispositional hearings, the Family Court issued an amended order of fact-finding and disposition, dated August 8, 2016, finding that the parents permanently neglected the child, terminating their parental rights, and transferring custody and guardianship of the child to the Commissioner of Social Services of the City of New York and the petitioner for the purpose of adoption. The parents separately appeal.
The mother's contention that the petition was jurisdictionally defective since it failed to plead in detail the diligent efforts undertaken by the petitioner to encourage and strengthen the parents' relationship with the child is unpreserved since it is raised for the first time on appeal (see Matter of Ana M.G. [Rosealba H.], 74 A.D.3d 419, 419, 902 N.Y.S.2d 68 ; Matter of Gina Rachel L., 44 A.D.3d 367, 368, 843 N.Y.S.2d 50 ). In any event, a review of the petition reveals that the allegations were sufficient to notify the parents of...
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