In re Lenny R.
Matter of Lenny R. v Rebecca A.
2005 NY Slip Op 07407
Decided on
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
Buckley, P.J., Friedman, Sullivan, Nardelli,
JJ.
6645
[*1]In re Lenny R., A Child Under the Age of Eighteen Years,
etc.,
and
Rebecca A., Respondent-Appellant, Sheltering Arms Children's
Service, Petitioner-Respondent. George E. Reed, Jr.,
Order of disposition, Family Court, New York County (Sara Schechter, J.), entered on or about
The testimony of the agency's caseworker at the fact-finding
hearing provided clear and convincing evidence that the agency made diligent
efforts to encourage the parent-child relationship, by referring respondent for
parenting classes and counseling and scheduling regular visitation, but was
frustrated by an uncooperative parent who missed about one-third of the
scheduled visits (see Matter of Jowell Lateefra B., 271 AD2d 366 [2000], lv
denied 95 NY2d 760 [2000]; Matter of Shah Ronnie J., 298 AD2d 129 [2002]). There
was a period of four months during which respondent had no contact with either
the agency or the child. The finding that termination of parental rights,
rather than a suspended judgment, is in the child's best interests is supported
by a fair preponderance of the evidence showing that at the time of the
dispositional hearing the child had been in foster care for over three years
and developed a stable and positive bond with the foster mother, and was not
having positive, meaningful interactions [*2]with respondent (see Matter of
Charles Clarence C., 213 AD2d 294 [1995]). We have considered respondent's
other arguments and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER
6, 2005
CLERK