Matter of Alexander Achilles S. (Katherine Shanta S.), 2011 NY Slip Op 08641 [89 AD3d 635]

November 29, 2011

Appellate Division, First Department

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Joseph V. Moliterno, Scarsdale, for appellant.

Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondents.

Howard M. Simms, New York, attorney for the child.

Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about July 26, 2010, which, inter alia, upon a finding that respondent mother permanently neglected the subject child, terminated her parental rights and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

A preponderance of the evidence supports the finding that it is in the child’s best interests to terminate respondent’s parental rights and free the child for adoption by his foster mother ( see Matter of Star Leslie W. , 63 NY2d 136, 147-148 [1984]). The evidence demonstrated that the child, who has special needs, has been provided a loving and stable home environment by his foster mother, in whose care he has remained since the age of six months. The foster mother expressed a willingness to continue visitation between the child and his siblings. Furthermore, contrary to respondent’s suggestion, a suspended judgment is not warranted under the circumstances ( see Matter of Michael B. , 80 NY2d 299, 311 [1992]). Concur—Mazzarelli, J.P., Andrias, Friedman, Catterson and Freedman, JJ..