In re Tayquan B.
Matter of Tayquan
B. v Jamall F.
2008 NY Slip Op 07715
Decided on October 9, 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 October 9, 2008
Andrias, J.P., Nardelli,
McGuire, Moskowitz, Renwick, JJ.
4230
[*1]In re Tayquan B., A Dependent
Child Under the Age of Eighteen Years, etc.,
and
Jamall F., Respondent-Appellant,
Geoffrey P. Berman, Larchmont, for appellant.
Law Offices of James M. Abramson, PLLC,
M. Abramson of counsel), for respondent.
George E. Reed, Jr.,
Order of disposition, Family Court, Bronx County (Carol A. Stokinger, J.), entered on or about September 25, 2007,
which, insofar as appealed from, terminated respondent father's parental rights
to the subject child upon a finding that he violated the terms of a suspended
judgment, and committed custody and guardianship of the child to petitioner
agency and the Commissioner of Social Services for the purpose of adoption,
unanimously affirmed, without costs.
A preponderance of the evidence supports the determination
that, following the grant of a suspended judgment, respondent violated its
terms and conditions (see Matter of Lourdes O., 52 AD3d 203 [2008]). The record
demonstrates that respondent missed a substantial number of scheduled visits
with the child and failed to undergo a psychiatric evaluation (see id; Matter
of Joshua Justin T., 208 AD2d 469 [1994]).
The agency established by a preponderance of the evidence
that the best interests of the child would be served by terminating
respondent's parental rights so as to facilitate the child's adoption by his
foster family, where he has experienced stability and where his emotional,
academic and social needs were met (see Matter of Star Leslie W., 63 NY2d 136,
147-148 [1984]). Furthermore, the teenage child expressed a clear desire to
remain with the foster family, and while respondent may have completed an anger
management program and attended some individual counseling, the evidence shows
that he continued to exhibit aggressive and abusive behavior towards the child,
foster mother and agency employees. [*2]
We have considered respondent's remaining arguments and find
them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 9, 2008
CLERK