In re Felicia Malon Rogue J.
| Decision Date | 31 January 2017 |
| Parties | In re Felicia Malon ROGUE J., also known as Felicia J., and Another, Children under Fourteen Years of Age, etc., Lena J., Respondent–Appellant, Little Flower Children and Family Services of New York, Petitioner–Respondent. |
| Court | New York Supreme Court — Appellate Division |
146 A.D.3d 725
46 N.Y.S.3d 66
2017 N.Y. Slip Op. 00604
In re Felicia Malon ROGUE J., also known as Felicia J., and Another, Children under Fourteen Years of Age, etc.,
Lena J., Respondent–Appellant,
Little Flower Children and Family Services of New York, Petitioner–Respondent.
Supreme Court, Appellate Division, First Department, New York.
Jan. 31, 2017.
Douglas H. Reiniger, New York, for appellant.
Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Sara Reisberg of counsel), attorney for the children.
FRIEDMAN, J.P., RENWICK, SAXE, GISCHE, JJ.
Orders of disposition, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about May 29, 2015, which, upon a finding, upon respondent's default, of permanent neglect, terminated her parental rights, and committed the custody of the children to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.
Respondent may not challenge the fact-finding determination of permanent neglect, including whether the agency
expended diligent efforts to strengthen the parental relationship between her and the children, because it was entered upon her default and she has not moved for vacatur (see CPLR 5511 ; Matter of Aliyah Julia N. [Cecelia Lee N.], 81 A.D.3d 519, 519–520, 917 N.Y.S.2d 166 [1st Dept.2011] ; Matter of Natalie Maria D. [Miguel D.], 73 A.D.3d 536, 536, 901 N.Y.S.2d 225 [1st Dept.2010] ).
Even if the Family Court's fact-finding determination were properly before this Court, the finding of permanent neglect was supported by clear and convincing evidence because the record shows that the agency expended diligent efforts by meeting with respondent and discussing with her the necessity of completing her service plan, scheduling visitation, providing...
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...had a realistic and feasible plan to provide an adequate and stable home for the children (see e.g. Matter of Felicia Malon Rogue J., 146 A.D.3d 725, 726, 46 N.Y.S.3d 66 [1st Dept. 2017] ). The record also shows that respondent has delayed in addressing his mental health treatment, which re......
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...feasible plan to provide an adequate and stable 136 N.Y.S.3d 707 home for the child (see e.g. Matter of Felicia Malon Rogue J. [Lena J.], 146 A.D.3d 725, 726, 46 N.Y.S.3d 66 [1st Dept. 2017]; see also e.g. Matter of Tion Lavon J. [Saadiasha J.], 159 A.D.3d 579, 579–580, 73 N.Y.S.3d 48 [1st ......
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