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Matter of Kathryn

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1064 (N.Y. App. Div. 1996)

Opinion

March 8, 1996

Appeal from the Jefferson County Family Court, Hunt, J.

Present — Denman, P.J., Pine, Wesley, Callahan and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly granted the petition terminating the parental rights of respondent based upon her permanent neglect of her four children. Petitioner proved by clear and convincing evidence that respondent's alcoholism and mental illness had resulted in respondent's failure to maintain contact with the children or plan for their future ( see, Social Services Law § 384-b [a]; Matter of St. Vincent's Servs. [Joseph Bernard H.] v Jean H., 211 A.D.2d 799, 800, lv denied 85 N.Y.2d 811). Although two of the children are living with their father and there is no evidence that adoption is contemplated for them, the record nevertheless supports the court's finding that termination of respondent's parental rights is in their best interests ( see, Family Ct Act § 623).

In light of respondent's disruptive behavior at the dispositional hearing, the court did not err in completing the hearing in respondent's absence ( see, Matter of Victoria B., 185 A.D.2d 811, 812).


Summaries of

Matter of Kathryn

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1996
225 A.D.2d 1064 (N.Y. App. Div. 1996)
Case details for

Matter of Kathryn

Case Details

Full title:In the Matter of KATHRYN P. and Others, Children Alleged to be Permanently…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1996

Citations

225 A.D.2d 1064 (N.Y. App. Div. 1996)
639 N.Y.S.2d 606

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