ORDERED that the appeal by the mother is dismissed as abandoned, without costs or disbursements; and it is further,
ORDERED that the order is affirmed insofar as reviewed, without costs or disbursements.
Contrary to the father's contentions, the nonhearsay evidence adduced at the fact-finding hearing, including his own testimony, established by more than the requisite clear and convincing standard of proof that he permanently neglected his children by continuing to abuse illegal drugs for three years following the filing of the original neglect petition and the removal of the subject children. Notwithstanding the agency's persistent efforts to help reunite the family, the father refused to cooperate with rehabilitation programs, and so failed to plan for his children's return (see, Matter of Matthew C., 227 A.D.2d 679, 681-682).
The Family Court properly ruled, following an in camera interview, that the best interests of the children would be served if they were to remain with their foster family, with whom they are happy and well-adjusted.
In light of this determination, we do not reach the remaining issues raised by the parties on this appeal.
SANTUCCI, J.P., SMITH, CRANE and COZIER, JJ., concur.