In re Tsulyn A.
Matter of Matter of Tsulyn A.
(Deborah A.)
2011
NY Slip Op 09120
Decided
on December 13, 2011
Appellate
Division, Second 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 December 13, 2011
SUPREME
COURT OF THE STATE OF
APPELLATE
DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL
D. ANGIOLILLO, J.P.
L.
PRISCILLA HALL
LEONARD
B. AUSTIN
ROBERT
J. MILLER, JJ.
2011-05313
(Index
No. N-13170-09)
[*1]In the Matter of Tsulyn A. (Anonymous).
Westchester County Department of Social Services, respondent;
and
Deborah
A. (Anonymous), appellant. George E. Reed, Jr.,
Robert F. Meehan,
Adin
of counsel), for respondent.
Anne R. Mueller, West Harrison, N.Y., attorney for the child.
DECISION
& ORDER
In
a child protective proceeding pursuant to Family Court Act article 10, the
mother appeals from an order of the Family Court, Weschester
County (Lammers, Ct. Atty. Ref.), entered May 26, 2011, which, after a
permanency hearing, extended the placement of the subject child in foster care
in the custody of the nonparty maternal grandmother until October 24, 2011, and
changed the permanency goal from reunfication with
the mother to placement for adoption.
ORDERED
that the appeal from so much of the order as extended the placement of the
subject child in foster care in the custody of the nonparty maternal
grandmother until October 24, 2011, is dismissed as academic, without costs or
disbursements, as the period of extension of the placement has expired; and it
is further,
ORDERED that the order is affirmed insofar as reviewed,
without costs or disbursements.
The
petitioner established by a preponderance of the evidence that changing the
permanency goal from reunification with the mother to placement for adoption
was in the subject child's best interests (see Matter of Michael D [Antionette R.], 71 AD3d 1017; Matter of Darlene L., 38 AD3d
552; Matter of Jennifer R., 29 AD3d 1003; Matter of Amanda C., 309 AD2d 744).
Given the child's special needs, the fact that she has been in a foster home
with her maternal grandmother for more than one half of her life, and that the
mother failed to successfully address her anger management and mental health
issues, the Family Court's determination to change the permanency goal from
reunification with the mother to placement for adoption had a sound and
substantial basis in the record (see Matter of Michael D. [Antionette
R.], 71 AD3d 1017; Matter of Jennifer R., 29 AD3d 1003; Matter of Amanda C., 309
AD2d 744).
ANGIOLILLO,
J.P., HALL, AUSTIN and MILLER, JJ., concur. [*2]
ENTER:
Aprilanne Agostino
Clerk
of the Court