Graham Windham Servs. to Families & Children v. Sue-Ann L.C. (In re B.C.)

200 A.D.3d 689

154 N.Y.S.3d 868 (Mem)

In the MATTER OF MATHEW B.C. (Anonymous).

Graham Windham Services to Families and Children, respondent;

v.Sue–Ann L.C. (Anonymous), appellant.

2020–05074

Docket No. B–22101–18

Supreme Court, Appellate Division, Second Department, New York.

Submitted—November 5, 2021

December 1, 2021

Lisa A. Manfro, Glen Cove, NY, for appellant.

Carrieri & Carrieri, P.C., St. James, NY (Ralph R. Carrieri of counsel), for respondent.

Janet E. Sabel, New York, NY (Dawne A. Mitchell and Susan Clement of counsel), attorney for the child.

HECTOR D. LASALLE, P.J., COLLEEN D. DUFFY, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Alicea Elloras–Ally, J.), dated March 9, 2020. The order of fact-finding and disposition, insofar as appealed from, after fact-finding and dispositional hearings, found that the mother permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the child jointly to Graham Windham Services to Families and Children and the Commissioner of Social Services of the City of New York for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The petitioner commenced this proceeding to terminate the mother's parental rights to the subject child on the ground of permanent neglect. After fact-finding and dispositional hearings, the Family Court, among other things, found that the mother permanently neglected the child, terminated her parental rights, and freed the child for adoption. The mother appeals.

The granting of an adjournment for any purpose rests within the sound discretion of the court, and its determination will not be disturbed absent an improvident exercise of that discretion (see Matter of Zowa D.P. [Jenia W.], 190 A.D.3d 744, 745, 135 N.Y.S.3d 879 ; Matter of Jahnya [Cozbi C.—Camesha B.], 189 A.D.3d 824, 825, 137 N.Y.S.3d 105 ; Matter of Demetrious L.K. [James K.], 157 A.D.3d 796, 796–797, 66 N.Y.S.3d 901 ). The analysis of whether to grant an adjournment implicates a balancing test weighing "the merit or lack of merit of the action, the extent of the delay, the number of adjournments granted, the lack of intent to deliberately default or abandon the action, and the length of the pendency of the proceeding" ( Hawes v. Lewis, 127 A.D.3d 921, 922, 7 N.Y.S.3d 367 ; see Bayview Loan Servicing, LLC v. Chaudhury, 188 A.D.3d 1126, 1127, 137 N.Y.S.3d 496 ).

Here, the Family Court providently exercised its discretion in denying the mother's adjournment request, as the mother had a history of missing court dates and had previously been granted an adjournment based on her representation that she could not afford to travel from Pennsylvania to New York. The court, conditioned upon the mother's compliance with the petitioner's request to provide a verified permanent out-of-state address in order to receive transportation assistance, granted that adjournment on a final basis. On the next scheduled appearance, the mother again failed to appear and counsel proffered the same excuse, but conceded that the mother had failed to comply with the court's directive to provide the petitioner with a verified permanent out-of-state address. Under these circumstances, the court providently exercised its discretion in denying the adjournment request (see e.g. Matter of Zowa D.P. [Jenia W.], 190 A.D.3d at 745, 135 N.Y.S.3d 879 ).

Contrary to the mother's contention, the petitioner established, by clear and convincing evidence, that it exercised diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384–b[7][a] ; Matter of Anthony D. [Yonas S.], 159 A.D.3d 818, 818, 69 N.Y.S.3d 833 ). Despite those efforts, the mother failed to plan for the return of the child as she failed to maintain consistent and meaningful parental...