Matter of Cerenithy B. (Ecksthine B.), 149 A.D.3d 637 (N.Y. App. Div. 1st Dep't 2017). · Go Syfert
Matter of Cerenithy B. (Ecksthine B.), 149 A.D.3d 637 (N.Y. App. Div. 1st Dep't 2017). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Cited for
At page 638 Failure to participate in services justifying termination of rights5 citing casesDespite these efforts, the mother continually failed to respond to the agency’s attempts to make contact with her (see Matter of Star Leslie W., 63 NY2d 136,…opening of page *638 (no citing court says what it cites this page for)
  • Matter of Bryson M. (Victoria M.), 184 A.D.3d 1138 (N.Y. App. Div. 4th Dep't 2020).published
    The mother failed to preserve for our review her further contention that the court erred in terminating her parental rights absent a finding that petitioner had made "reasonable accommodations" for her pursuant to the Americans with Disabi…
  • Matter of Zariah M.E. (Alexys T.), 2019 NY Slip Op 3005 (N.Y. App. Div. 1st Dep't 2019).published
    The agency's efforts included, but were not limited to referring the mother for parenting skills and mental health services, attempting to assist her in obtaining housing, and attempting to help her schedule visitation with her daughter (…
  • Matter of Evan J. (Donavan J.), 2018 NY Slip Op 7655 (N.Y. App. Div. 1st Dep't 2018).published
    Indeed, notwithstanding having attended a domestic violence program, the father was arrested and incarcerated for assaulting the mother in violation of an order of protection, and posted threatening comments on social media directed at the…
  • Matter of Angelica D. (Deborah D.), 2018 NY Slip Op 383 (N.Y. App. Div. 1st Dep't 2018).published
    The mother's refusal to participate in services and take steps to correct the conditions that led to the removal of the children from their home clearly amounts to a failure to plan for the children's future ( see Matter of Cerenithy B. [E…
  • Matter of Miguel Angel S. (Wendy Carolina S.), 155 A.D.3d 587 (N.Y. App. Div. 1st Dep't 2017).published
    Nevertheless, respondent did not avail herself of the referred services, failed to submit to random drug testing, a mental health evaluation, or domestic violence counseling, and failed to obtain suitable housing (see Matter of Cerenithy B…
At page 637 Orders (one for each subject child), Family Court, New York County (Douglas E. Hoffman, J.), entered on or about February 17, 2016, which, upon findings of…1 citing caseopening of page *637 (no citing court says what it cites this page for)
  • Matter of Frank Enrique S. (Karina Elizabeth F.--Mike G.), 2019 NY Slip Op 374 (N.Y. App. Div. 1st Dep't 2019).published
    With respect to the finding that respondent mother permanently neglected the children Gabrielle and Michael, petitioner demonstrated by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen t…
Retrieving the full opinion text from the archive…
In the Matter of Cerenithy B. and Others, Infants. Ecksthine B. Et Al., Appellants; Good Shepherd Services, Respondent
3821 3820 3819.
Appellate Division of the Supreme Court of the State of New York.
Apr 25, 2017.
Published opinion
149 A.D.3d 637
Friedman, Richter, Feinman, Gische, Gesmer.
Cited by 8 opinions  |  Published
Pinpoint authority: bottom 81%
Citer courts: Court of Appeals of Virginia (1)

Orders (one for each subject child), Family Court, New York County (Douglas E. Hoffman, J.), entered on or about February 17, 2016, which, upon findings of permanent neglect, terminated respondents’ parental rights to the subject children and transferred custody of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that despite the agency’s diligent efforts to encourage and strengthen the parental relationship, respondents failed to plan for the children’s future (see Social Services Law § 384-b [7] [a]). The agency made diligent efforts by, among other things, referring respondents for various parenting programs and mental health services, as well as by scheduling visitation with the children (see Social Services Law § 384-b [7] [f]; see also Matter of Marissa Tiffany C-W. [Faith W.], 125 AD3d 512, 512 [1st Dept 2015]).

[*638] Despite these efforts, the mother continually failed to respond to the agency’s attempts to make contact with her (see Matter of Star Leslie W., 63 NY2d 136, 144 [1984]; Matter of Travis Devon B., 295 AD2d 205, 205 [1st Dept 2002]), and failed to undergo a mental health evaluation, engage in mental health treatment and visit with the children consistently (Matter of Jaileen X.M. [Annette M.], 111 AD3d 502 [1st Dept 2013], lv denied 22 NY3d 859 [2014]). She also gained no insight into the reasons for the children’s placement in foster care, nor benefitted from the limited services with which she complied (id.).

The father, despite being diagnosed as bipolar, likewise failed to remain consistently engaged in mental health services, nor was there any update as to his mental health status, other than that he was severely depressed and not taking medication (see Matter of Jonathan Jose T, 44 AD3d 508, 509 [1st Dept 2007]). While he visited with the children consistently, on alternate weekends, his visitation never progressed beyond supervised visits at his mother’s home, during which his mother primarily cared for the children (see id.).

The record supports Family Court’s determination that the children’s interests would best be served by terminating respondents’ parental rights to free the children for adoption by their long-term foster mother, who has met all of their needs (see Matter of Star Leslie W., 63 NY2d at 147-148). Despite engaging in services, some belatedly, there was no indication that the mother was able to care for the children or would be able to do so in the future. Similarly, the father’s home was found to be unsuitable for the children, and there was no evidence that he was ready to care for them (see Matter of Olushola W.A., 41 AD3d 179, 180 [1st Dept 2007]). Under the circumstances, a suspended judgment is not warranted (see Matter of Julianna Victoria S. [Benny William W.], 89 AD3d 490, 491 [1st Dept 2011], lv denied 18 NY3d 805 [2012]).

The father failed to preserve his argument regarding the Americans with Disabilities Act of 1990 (see Matter of Toshea C.J., 62 AD3d 587, 587 [1st Dept 2009]). Were we to review it, we would find it unavailing.

Concur — Friedman, J.P., Richter, Feinman, Gische and Gesmer, JJ.