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In the Matter of EUGENE L. and Others, Children Alleged to be Permanently Neglected. VIRGINIA L., Appellant; CARDINAL McCLOSKEY SERVICES, Respondent.

The finding of permanent neglect is supported by clear and convincing evidence of respondent's failure to cooperate with the agency's diligent efforts to assist her in regularly visiting the children and in undertaking the therapy and acquiring the parenting skills necessary to address the children's special needs ( see Matter of Star Leslie W., 63 NY2d 136, 142-143). Although a preponderance of the evidence at the dispositional hearing shows that the children's adoption by their respective foster families is in their best interests ( see id. at 147-148), we remand for a new dispositional hearing with respect to Eugene's best interests since petitioner and the Law Guardian have advised that Eugene has moved to a therapeutic foster home that is not a pre-adoptive home and has expressed a desire to be with his biological family ( see Matter of Michael B., 80 NY2d 299, 318; Matter of Marc David D., 20 AD3d 565). Respondent's claim that the agency's case records were improperly admitted into evidence is unpreserved, and her other claims concerning evidentiary rulings are unavailing.

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IN THE MATTER OF EUGENE L
(Oct 18, 2005)