In re Alexander John B.
Opinion of the Court
Appellant also failed to substantiate her defense that she was unable to visit the children during the relevant six-month period because she was in a drug treatment program and her grandmother refused to let her see the children when she was in a better position to care for them (see Matter of Derrick T., 261 AD2d 108 [1999]). The evidence submitted indicates that she started the drug treatment program on October 28, 2009, well after the relevant period of May 28, 2008 through November 28, 2008.
The post-termination change in the children’s foster situation does not warrant remitting the matter to Family Court for a new dispositional hearing to consider whether terminating appellant’s parental rights is still in the children’s best interests (cf. Matter of Arthur C., 66 AD3d 1009 [2009]). Nothing indicates that appellant had completed any of the drug, psychotherapy, and vocational training programs that she began in late 2009 and early 2010, and neither appellant nor the children’s attorney has rebutted the agency’s contention that appellant has not been in contact with the children for years. That none of appellant’s relatives are in a position to adopt the children, and
To the extent appellant appeals from the two orders of disposition, no appeal lies from orders entered on default {see Matter of Anthony M.W.A. [Micah WA.], 80 AD3d 476 [2011]). Concur— Andrias, J.E, Sweeny, Moskowitz, Richter and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.