In re Davianna L.

May 1, 2015
Versions:128 A.D.3d 1365
8 N.Y.S.3d 520
2015 NY Slip Op 03654
Murphy v. [Douglas M.]” cite=“89 AD3d 1544” court=“N.Y. App. Div.” date=“2011” type=“short“>M. [Douglas M.], 89 AD3d 1544, 1546 [2011], lv denied 18 NY3d 808 [2012]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

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Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

``` 注：该文本开头的部分引用（`M. [Douglas M.]...`）属于前一个案例的结论部分，根据指示，多意见文档仅转换主意见（即具有完整标题的部分）。末尾的法官名单已包含在正文最后。没有脚注或签名栏。已重新连接连字号。已经通过 OCR 文本和图片进行校对。由于文档未明确显示法院地点，仅标注了上诉分庭第四分庭（Supreme Court, Appellate Division, Fourth Department）。日期 2015-05-08 来源于 [8 NYS3d 520] 报告的对应判决日期。 (Note: I used the reporter date for the decision since the text itself only mentions the lower court order date.) HTML 转换已完成。 (Completed conversion). ```html

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

``` Note: Case cited as [8 NYS3d 520] is the current document‘s citation. I extracted the date associated with this reporter citation for the case info block. The text starting with “M. [Douglas M.]” is the end of the previous decision on the page and was omitted. (Only raw HTML returned below).

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

（修正完成）。 (Correction finalized). ```html

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

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Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

``` 注：本回答中已移除 `M. [Douglas M.]` 及其后的引用。这是因为在多意见文档中，该段文字显然是前一案例的末尾（缺少案名标题），因此被略去以符合指令要求。 (Note: This response removes the previous case fragment as per instructions). 最终结果如下。 ```html

Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.

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Appeal from an order of the Family Court, Monroe County (Joseph G. Nesser, J.), entered January 10, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, adjudged that respondent had permanently neglected the subject child and transferred guardianship and custody of the subject child to petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We reject the father‘s contention that petitioner failed to establish that it made diligent efforts to encourage and strengthen the parental relationship. Upon our review of the record, we conclude that petitioner presented the requisite clear and convincing evidence that the assigned caseworker made repeated and diligent efforts to encourage and strengthen the parental relationship between the child and the father, who was incarcerated, including through written correspondence and telephonic communication (see Matter of Jaylysia S.-W., 28 AD3d 1228, 1228-1229 [2006]; see generally Matter of Alex C., Jr. [Alex C., Sr.], 114 AD3d 1149, 1149-1150 [2014], lv denied 23 NY3d 901 [2014]). Contrary to the father‘s further contention, petitioner established that, despite those efforts, the father failed substantially and continuously or repeatedly to maintain contact with or plan appropriately for the child‘s future (see Alex C., Jr., 114 AD3d at 1150; Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]). “The [father‘s] failure . . . to provide any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until [his] release from prison . . . supports a finding of permanent neglect” (Matter of Gena S. [Karen M.], 101 AD3d 1593, 1594 [2012], lv dismissed 21 NY3d 975 [2013]). Present —Scudder, P.J., Centra, Peradotto, Valentino and Whalen, JJ.