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IN RE APPLICATION FOR GUARDIANSHIP, ETC., JAQUONE EMIEL B., ETC., ET AL., DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., IRVING L., Respondent-Appellant, LOUISE WISE SERVICES, Petitioner-Respondent.

The record establishes that petitioner agency made diligent efforts to help respondent reunite with his children (see, Matter of Star Leslie W., 63 N.Y.2d 136, 142-143). Clear and convincing evidence supports the court's finding that respondent failed to cooperate with the agency's efforts to schedule visitation, provide counseling, employment referrals and suggestions as to housing. Moreover, respondent consistently refused to separate from the children's mother, who actively used drugs and caused the removal of the children in the first instance (see, Matter of Charlene Lashay J., 280 A.D.2d 320; Matter of Kimberly Rosemarie S., 211 A.D.2d 594, lv denied 85 N.Y.2d 809). Since respondent failed to separate from the children's mother, secure a stable income or visit the children regularly, termination of respondent's parental rights for the purposes of adoption is clearly in the best interests of the children.

Petitioner's case records were properly received in evidence. Prior to their admission, respondent's counsel received a suitable opportunity to review the records and to object to any portions constituting inadmissable hearsay (see, Matter of Leon RR., 48 N.Y.2d 117, 122-123), but no such objections were made and there is no indication that the records contained any inadmissible material.

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

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APPLICATION GUARDIANSHIP, JAQUONE EMIEL B
(Nov 13, 2001)