IN RE MATTER OF RUTHERFORD T

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Docket Number

2901, 2901A.

Attorney(S)

Marcia Egger, for Dependent. Randall Carmel, for Respondent. Ralph R. Carrieri, for Respondent-Appellant.

Judges

Angela M. Mazzarelli
David Friedman
Luis A. Gonzalez

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IN RE GUARDIANSHIP, ETC., RUTHERFORD RODERICK T., ETC., AND ANOTHER, Dependent CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., and SHERYL ROBIN J., ETC., Respondent, RUTHERFORD R.T., ETC., Respondent-Appellant, ST. CHRISTOPHER-OTTILIE, Petitioner-Respondent.

The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to complete a drug rehabilitation program before the filing of the petition, despite the agency's diligent efforts to help him do so ( see Matter of Natajha Starr M., 204 A.D.2d 232, lv denied 84 N.Y.2d 806). Nor is a suspended judgment warranted by evidence that respondent no longer uses drugs. At the dispositional hearing, there was ample evidence that the children were thriving in the foster home they have lived in for virtually their entire respective lives, and no evidence as to how respondent planned to provide them with an adequate and stable home ( see Matter of Michael B., 80 N.Y.2d 299, 310-311; Matter of Latasha W., 268 A.D.2d 340).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

IN RE GUARDIANSHIP, ETC., RUTHERFORD RODERICK T., ETC., AND ANOTHER, Dependent CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., and SHERYL ROBIN J., ETC., Respondent, RUTHERFORD R.T., ETC., Respondent-Appellant, ST. CHRISTOPHER-OTTILIE, Petitioner-Respondent.

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