In re Gloria Melanie
S.
Matter of Gloria Melanie S. v Gerald Anthony S.
2008
NY Slip Op 00165
Decided
on January 10, 2008
Appellate
Division, First Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This
opinion is uncorrected and subject to revision before publication in the
Official Reports.
Decided
on January 10, 2008
Tom,
J.P., Saxe, Friedman, Williams, JJ.
2509
[*1]In
re Gloria Melanie S., etc., A Child Under the Age of Eighteen Years, etc.,
and
Gerald Anthony S., Respondent-Appellant, Graham-Windham
Services to Children and Families, Petitioner-Respondent.
George E. Reed, Jr.,
Carrieri & Carrieri,
P.C.,
counsel), for respondent.
Tamara
A. Steckler, The Legal Aid
Society,
V. Merkine of counsel), Law
Guardian.
Order
of disposition, Family Court,
The
finding of permanent neglect was supported by clear and convincing evidence of
respondent's failure to plan for the child's future, notwithstanding
petitioner's diligent efforts
(see Social Services Law § 384-b[7][a]; Matter of Sheila G.,
61 NY2d 368, 373 [1984]). Respondent refused to acknowledge and treat the
underlying sexual abuse problem that led to the child's placement in foster
care (see Social Services Law § 384-b[7][c]; Matter of
Valentine N.-S., 30 AD3d 338 [2006]; Matter of Theone
A.A., 282 AD2d 290 [2001]). His argument that petitioner failed to undertake
the necessary diligent efforts by failing to refer him to a non-confessional
sex offender program is contrary to his testimony that he did not need and did
not want to attend sex offender therapy, without qualification.
We
see no reason to disturb the court's credibility determinations (see Matter of Alpacheta C., 41 AD3d 285 [2007], lv
denied 9 NY3d 812 [2007]). [*2]
We
have considered appellant's remaining arguments and find them unavailing.
THIS
CONSTITUTES THE DECISION AND ORDER
OF
THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
JANUARY 10, 2008
CLERK