Appellate Division of the Supreme Court of New York, 2007

In re Alpacheta C.

Appellate Division of the Supreme Court of New York · Decided June 21, 2007

41 A.D.3d 285; 839 N.Y.S.2d 43

Cases that cite this one

19 later published cases cite this decision.

In re Ender M. Z.-P. (Appellate Division of the Supreme Court of New York 2013)
In re Ender M. Z.-P. (Appellate Division of the Supreme Court of New York 2013)
Matter of Lawanna M. (William W.) (Appellate Division of the Supreme Court of New York 2016)
Matter of Desiree M. (Aythea M.) (Appellate Division of the Supreme Court of New York 2016)
H., BURKE, MTR. OF (Appellate Division of the Supreme Court of New York 2015)
In re Burke H. (Appellate Division of the Supreme Court of New York 2015)
In re Burke H. (Appellate Division of the Supreme Court of New York 2015)
Matter of Joshua E. R. (Yolaine R.) (Appellate Division of the Supreme Court of New York 2014)
Azmara N.G. v. Jesse Stephanie S. (Appellate Division of the Supreme Court of New York 2012)
In re Anthony P. (Appellate Division of the Supreme Court of New York 2011)
In re John G. (Appellate Division of the Supreme Court of New York 2010)
In re Patrice L. (Appellate Division of the Supreme Court of New York 2010)
In re Raekwon Maxx A. (Appellate Division of the Supreme Court of New York 2008)
In re Gloria Melanie S. (Appellate Division of the Supreme Court of New York 2008)
In re Antwone Lee S. (Appellate Division of the Supreme Court of New York 2008)
In re Myles N. (Appellate Division of the Supreme Court of New York 2008)
In re Alyssa M. (Appellate Division of the Supreme Court of New York 2008)
In re Violeta P. (Appellate Division of the Supreme Court of New York 2007)
In re Milan N. (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Orders of disposition, Family Court, New York County (Sara E Schechter, J.), entered on or about July 13, 2005, which, to the extent appealed from, terminated respondent mother’s parental rights with respect to her five children upon a fact-finding determination of permanent neglect, and committed their custody and guardianship to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Contrary to respondent’s claim, petitioner agency made the requisite diligent efforts (see Matter of S. Children, 210 AD2d 175 [1994], lv denied 85 NY2d 807 [1995]).

Even though respondent regularly visited her children and successfully completed a substance abuse program, therapy and parenting classes, permanent neglect can still be found where a parent fails to acknowledge the problem that led to their foster care placement in the first place, and Family Court was in the best position to make this evaluation (see e.g. Matter of Nathaniel T., 67 NY2d 838 [1986]).

Respondent argues, as she did in Family Court, that the youngest child should, like the four other children, be adopted by a blood relative, the child’s great-aunt, instead of by her fos*286ter mother. However, where this child had lived with the foster mother since the age of 18 months, had bonded with her, would be traumatized by leaving her, and (unlike her older siblings) did not remember her great-aunt because she had not seen her since infancy, it was in her best interests to stay with her foster mother. There is “no presumption favoring the child’s natural extended family” (Matter of Zarlia Loretta J., 23 AD3d 317 [2005]), and separation of siblings “is sometimes necessary to serve their best interests” (S. Children, 210 AD2d at 176). Concur—Sullivan, J.P., Nardelli, Williams, Gonzalez and Catterson, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.