Supreme Court of the State of New York

Supreme Court of the State of New York
Appellate Division: Second Judicial Department
D18539
O/hu
AD3d
Submitted - February 19, 2008
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
EDWARD D. CARNI
JOHN M. LEVENTHAL, JJ.
2006-01982
2006-01983
2006-01984
DECISION & ORDER
In the Matter of Gordon Lee R. (Anonymous),
a/k/a Gordon R. (Anonymous), a/k/a Gordon L.
(Anonymous), Jr., a/k/a Gordon F. (Anonymous).
Mercyfirst, respondent; Linda F. (Anonymous),
appellant.
(Proceeding No. 1)
In the Matter of Teena Marie F. (Anonymous),
a/k/a Teena F. (Anonymous).
Mercyfirst, respondent; Linda F. (Anonymous),
appellant.
(Proceeding No. 2)
In the Matter of Shakaya Lashae F. (Anonymous),
a/k/a Shakaya F. (Anonymous).
Mercyfirst, respondent; Linda F. (Anonymous),
appellant.
(Proceeding No. 3)
(Docket Nos. B-13864/00, B-13865/00, B-13866/00)
March 25, 2008
Page 1.
MATTER OF R. (ANONYMOUS), GORDON LEE, a/k/a R. (ANONYMOUS), GORDON,
a/k/a L. (ANONYMOUS), GORDON, a/k/a F. (ANONYMOUS), GORDON
MATTER OF F. (ANONYMOUS), TEENA MARIE, a/k/a F. (ANONYMOUS), TEENA
MATTER OF F. (ANONYMOUS), SHAKAYA LASHAE,
a/k/a F. (ANONYMOUS), SHAKAYA
Michael A. Fiechter, Bellmore, N.Y., for appellant.
Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for respondent.
Matthew M. Lupoli, Flushing, N.Y., attorney for the child Gordon Lee R.
Jeffrey C. Bluth, Brooklyn, N.Y., attorney for the child Shakaya Lashae F.
In three related proceedings pursuant to Social Services Law § 384-b to terminate
parental rights on the ground of permanent neglect, the mother appeals from three orders of
disposition of the Family Court, Kings County (Freeman, J.), all dated January 6, 2006 (one as to
each child), which, after a hearing, and upon a finding that she was in violation of the terms and
conditions of a suspended judgment of the same court dated June 28, 2002, terminated her parental
rights and transferred custody and guardianship of the subject children to the petitioner, MercyFirst,
and the Commissioner of Social Services of the City of New York for the purpose of adoption.
ORDERED that the appeal from the order pertaining to the child Teena Marie F. is
dismissed as academic, without costs or disbursements, since that child has reached the age of
majority (see Matter of Winston Lloyd, D., 7 AD3d 706); and it is further,
ORDERED that the orders pertaining to the children Gordon Lee R. and Shakaya
Lashae F. are affirmed, without costs or disbursements.
Contrary to the mother’s contention, the Family Court's finding that she failed to
substantially comply with the terms and conditions of the suspended judgment was supported by the
weight of the evidence (see Matter of Christyn Ann D., 26 AD3d 491, 492; see also Matter of Jordan
Amir B., 15 AD3d 477; Matter of Michael C., 4 AD3d 423, 424; Matter of Joshua Justin T., 208
AD2d 469).
The evidence elicited at the dispositional hearing established by a preponderance of
the evidence that it is in the best interests of the children Gordon Lee R. and Shakaya Lashae F. to
terminate parental rights and free them for adoption (see Matter of Jennifer R., 29 AD3d 1005, 1007;
Matter of Lemar H., 23 AD3d 383, 384-385; Matter of Jeremiah Kwimea T., 10 AD3d 691, 692;
Matter of Joyce Marie B., 305 AD2d 589, 590; Matter of Tiffany A., 242 AD2d 709; Matter of W.,
226 AD2d 385, 387).
RIVERA, J.P., RITTER, CARNI and LEVENTHAL, JJ., concur.
March 25, 2008
Page 2.
MATTER OF R. (ANONYMOUS), GORDON LEE, a/k/a R. (ANONYMOUS), GORDON,
a/k/a L. (ANONYMOUS), GORDON, a/k/a F. (ANONYMOUS), GORDON
MATTER OF F. (ANONYMOUS), TEENA MARIE, a/k/a F. (ANONYMOUS), TEENA
MATTER OF F. (ANONYMOUS), SHAKAYA LASHAE,
a/k/a F. (ANONYMOUS), SHAKAYA
2006-01982
2006-01983
2006-01984
DECISION & ORDER ON MOTION
In the Matter of Gordon Lee R. (Anonymous),
a/k/a Gordon R. (Anonymous), a/k/a Gordon L.
(Anonymous), Jr., a/k/a Gordon F. (Anonymous).
Mercyfirst, respondent; Linda F. (Anonymous),
appellant.
(Proceeding No. 1)
In the Matter of Teena Marie F. (Anonymous),
a/k/a Teena F. (Anonymous).
Mercyfirst, respondent; Linda F. (Anonymous),
appellant.
(Proceeding No. 2)
In the Matter of Shakaya Lashae F. (Anonymous),
a/k/a Shakaya F. (Anonymous).
Mercyfirst, respondent; Linda F. (Anonymous),
appellant.
(Proceeding No. 3)
(Docket Nos. B-13864/00, B-13865/00, B-13866/00)
Motion by the attorney for the child Teena Marie F. on appeals from three orders of
the Family Court, Kings County, all dated January 6, 2006 (one as to each child), inter alia, to dismiss
the appeal filed under Appellate Division Docket No. 2006-01983. By decision and order on motion
of this Court dated December 4, 2007, that branch of the motion which was to dismiss the appeal was
held in abeyance and referred to the Justices hearing the appeals for determination upon the argument
or submission thereof.
March 25, 2008
Page 3.
MATTER OF R. (ANONYMOUS), GORDON LEE, a/k/a R. (ANONYMOUS), GORDON,
a/k/a L. (ANONYMOUS), GORDON, a/k/a F. (ANONYMOUS), GORDON
MATTER OF F. (ANONYMOUS), TEENA MARIE, a/k/a F. (ANONYMOUS), TEENA
MATTER OF F. (ANONYMOUS), SHAKAYA LASHAE,
a/k/a F. (ANONYMOUS), SHAKAYA
Upon the papers filed in support of the motion, the papers filed in relation thereto, and
upon the submission of the appeals, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied as
academic in light of our determination on that appeal (see Matter of Gordon Lee R. (Anonymous),
AD3d
[decided herewith]).
RIVERA, J.P., RITTER, CARNI and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
March 25, 2008
Page 4.
MATTER OF R. (ANONYMOUS), GORDON LEE, a/k/a R. (ANONYMOUS), GORDON,
a/k/a L. (ANONYMOUS), GORDON, a/k/a F. (ANONYMOUS), GORDON
MATTER OF F. (ANONYMOUS), TEENA MARIE, a/k/a F. (ANONYMOUS), TEENA
MATTER OF F. (ANONYMOUS), SHAKAYA LASHAE,
a/k/a F. (ANONYMOUS), SHAKAYA