time of the dispositional hearing in New York

2013There is no evidence that at the time of the dispositional hearing respondent was ready to care for the child (see Matter of Octavia Loretta R. [Randy McN — Keisha W.], 93 AD3d 537 [1st Dept 2012]).

2013There is no evidence that at the time of the dispositional hearing respondent was ready to care for the child (see Matter of Octavia Loretta R. [Randy McN — Keisha W.], 93 AD3d 537 [1st Dept 2012]).

2016In fact, the mother has not seen the child since August 2014 when her visits were suspended, and the record suggests that the child’s well-being depends on not seeing her (compare Matter of Lorenda M. [Lorenzo McG.], 2 AD3d 370 , 371 [1st Dept 2003] [suspended judgment not warranted where, among other things, the mother had no feasible plan for the child] with Matter of Christian Lee R., 9 AD3d 275 [1st Dept 2004] [suspended judgment warranted where, among other things, the mother had benefitted from treatment and had bonded with the child]).

2005Although the mother is to be commended for her willingness to seek treatment, as well as her efforts to obtain her GED and her ability to obtain gainful employment, her belated attempts to comply with petitioner’s service plan simply came too late in the process to warrant imposition of a suspended judgment (compare Matter of Christian Lee R., 9 AD 3d 275 [2004] [mother had completed every aspect of her service plan by the time of the dispositional hearing]; Matter of Zachary CC., 301 AD2d 714 [2003] [mother close to successfully completing drug and alcohol counseling by the time of the dispos

2015Viewing the record as a whole and according the appropriate deference to Family Court’s factual assessments and choice among dispositional alternatives, we find a sound and substantial basis for its determination that termination of respondent’s parental rights was in their best interests (see Matter of Kayden E. [Luis E.], 111 AD3d 1094 , 1098 [2013], lv denied 22 NY3d 862 [2014]; Matter of Kellcie NN. [Sarah NN.] 85 AD3d 1251, 1252-1253 [2011]; Matter of Angelica VV., 53 AD3d 732, 733 [2008]).

2015Viewing the record as a whole and according the appropriate deference to Family Court’s factual assessments and choice among dispositional alternatives, we find a sound and substantial basis for its determination that termination of respondent’s parental rights was in their best interests (see Matter of Kayden E. [Luis E.], 111 AD3d 1094 , 1098 [2013], lv denied 22 NY3d 862 [2014]; Matter of Kellcie NN. [Sarah NN.] 85 AD3d 1251, 1252-1253 [2011]; Matter of Angelica VV., 53 AD3d 732, 733 [2008]).

2013By the time of the dispositional hearing, he was six years old, and had lived with his kinship foster family, who was meeting all of his special needs, virtually his entire life (see Matter of Roger Guerrero B., 56 AD3d 262 , 262-263 [1st Dept 2008], lv denied 12 NY3d 704 [2009]).

2013By the time of the dispositional hearing, he was six years old, and had lived with his kinship foster family, who was meeting all of his special needs, virtually his entire life (see Matter of Roger Guerrero B., 56 AD3d 262 , 262-263 [1st Dept 2008], lv denied 12 NY3d 704 [2009]).

2013There was no evidence that the mother was making rehabilitative progress that would warrant a suspended judgment (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698 [1st Dept 2012]; Matter of Kharyn O. [Karen O.], 90 AD3d 541 [1st Dept 2011], lv denied 18 NY3d 810 [2012]).

2013There was no evidence that the mother was making rehabilitative progress that would warrant a suspended judgment (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698 [1st Dept 2012]; Matter of Kharyn O. [Karen O.], 90 AD3d 541 [1st Dept 2011], lv denied 18 NY3d 810 [2012]).

2013As to the neglect finding, the agency demonstrated by clear and convincing evidence that it made the requisite diligent efforts (see Social Services Law § 384-b [7] [a]), and respondent failed to show that he had completed a drug and alcohol treatment program within the statutory time period or that he had consistently visited with his daughter after she entered foster care (see Matter of Evan Matthew A., 91 AD3d at 539 ).

2013As to the neglect finding, the agency demonstrated by clear and convincing evidence that it made the requisite diligent efforts (see Social Services Law § 384-b [7] [a]), and respondent failed to show that he had completed a drug and alcohol treatment program within the statutory time period or that he had consistently visited with his daughter after she entered foster care (see Matter of Evan Matthew A., 91 AD3d at 539 ).

2013Moreover, the mother, at the time of the dispositional hearing, had still not completed drug treatment, parenting skills, or any other aspect of her service plan (see Matter of Tyjaia Simone-Kiesha Mc. [Crystal Mc.], 101 AD3d 635 [1st Dept 2012]; Matter of Brandon R. [Chrystal R.], 95 AD3d 653 [1st Dept 2012], lv denied 20 NY3d 998 [2013]).

2013Moreover, the mother, at the time of the dispositional hearing, had still not completed drug treatment, parenting skills, or any other aspect of her service plan (see Matter of Tyjaia Simone-Kiesha Mc. [Crystal Mc.], 101 AD3d 635 [1st Dept 2012]; Matter of Brandon R. [Chrystal R.], 95 AD3d 653 [1st Dept 2012], lv denied 20 NY3d 998 [2013]).

2013There was no evidence that the mother was making rehabilitative progress that would warrant a suspended judgment (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698 [1st Dept 2012]; Matter of Kharyn O. [Karen O.], 90 AD3d 541 [1st Dept 2011], lv denied 18 NY3d 810 [2012]).

2013There was no evidence that the mother was making rehabilitative progress that would warrant a suspended judgment (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698 [1st Dept 2012]; Matter of Kharyn O. [Karen O.], 90 AD3d 541 [1st Dept 2011], lv denied 18 NY3d 810 [2012]).

2013Accordingly, the Family Court’s determination to dismiss the father’s petition for custody of the subject children has a sound and substantial basis in the record, and will not be disturbed (see Matter of Blakeney v Blakeney, 99 AD3d 898 [2012]; Gurewich v Gurewich, 43 AD3d 458, 459 [2007]).

2013Accordingly, the Family Court’s determination to dismiss the father’s petition for custody of the subject children has a sound and substantial basis in the record, and will not be disturbed (see Matter of Blakeney v Blakeney, 99 AD3d 898 [2012]; Gurewich v Gurewich, 43 AD3d 458, 459 [2007]).

2013Moreover, the mother, at the time of the dispositional hearing, had still not completed drug treatment, parenting skills, or any other aspect of her service plan (see Matter of Tyjaia Simone-Kiesha Mc. [Crystal Mc.], 101 AD3d 635 [1st Dept 2012]; Matter of Brandon R. [Chrystal R.], 95 AD3d 653 [1st Dept 2012], lv denied 20 NY3d 998 [2013]).

2013Moreover, the mother, at the time of the dispositional hearing, had still not completed drug treatment, parenting skills, or any other aspect of her service plan (see Matter of Tyjaia Simone-Kiesha Mc. [Crystal Mc.], 101 AD3d 635 [1st Dept 2012]; Matter of Brandon R. [Chrystal R.], 95 AD3d 653 [1st Dept 2012], lv denied 20 NY3d 998 [2013]).

2013There was no evidence that the mother was making rehabilitative progress that would warrant a suspended judgment (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698 [1st Dept 2012]; Matter of Kharyn O. [Karen O.], 90 AD3d 541 [1st Dept 2011], lv denied 18 NY3d 810 [2012]).

2013There was no evidence that the mother was making rehabilitative progress that would warrant a suspended judgment (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698 [1st Dept 2012]; Matter of Kharyn O. [Karen O.], 90 AD3d 541 [1st Dept 2011], lv denied 18 NY3d 810 [2012]).

2013Moreover, the mother, at the time of the dispositional hearing, had still not completed drug treatment, parenting skills, or any other aspect of her service plan (see Matter of Tyjaia Simone-Kiesha Mc. [Crystal Mc.], 101 AD3d 635 [1st Dept 2012]; Matter of Brandon R. [Chrystal R.], 95 AD3d 653 [1st Dept 2012], lv denied 20 NY3d 998 [2013]).

2013Moreover, the mother, at the time of the dispositional hearing, had still not completed drug treatment, parenting skills, or any other aspect of her service plan (see Matter of Tyjaia Simone-Kiesha Mc. [Crystal Mc.], 101 AD3d 635 [1st Dept 2012]; Matter of Brandon R. [Chrystal R.], 95 AD3d 653 [1st Dept 2012], lv denied 20 NY3d 998 [2013]).

2011Even after her parental rights were terminated, the mother made little progress in complying with the required mental health services, and her limited progress was not enough to warrant any additional delay in providing the children with a stable home (see Matter of Mikia H., 78 AD3d 1575 , lv dismissed in part and denied in part 16 NY3d 760 ; Matter of Melissa DD., 45 AD3d 1219, 1221 , lv denied 10 NY3d 701 ).

2011Even after her parental rights were terminated, the mother made little progress in complying with the required mental health services, and her limited progress was not enough to warrant any additional delay in providing the children with a stable home (see Matter of Mikia H. [Monique K.], 78 AD3d 1575 [2010], lv dismissed in part and denied in part 16 NY3d 760 [2011]; Matter of Melissa DD., 45 AD3d 1219, 1221 [2007], lv denied 10 NY3d 701 [2008]).

2011Even after her parental rights were terminated, the mother made little progress in complying with the required mental health services, and her limited progress was not enough to warrant any additional delay in providing the children with a stable home (see Matter of Mikia H., 78 AD3d 1575 , lv dismissed in part and denied in part 16 NY3d 760 ; Matter of Melissa DD., 45 AD3d 1219, 1221 , lv denied 10 NY3d 701 ).

2011Even after her parental rights were terminated, the mother made little progress in complying with the required mental health services, and her limited progress was not enough to warrant any additional delay in providing the children with a stable home (see Matter of Mikia H. [Monique K.], 78 AD3d 1575 [2010], lv dismissed in part and denied in part 16 NY3d 760 [2011]; Matter of Melissa DD., 45 AD3d 1219, 1221 [2007], lv denied 10 NY3d 701 [2008]).

2008Petitioner further established that, at the time of the dispositional hearing, the child was thriving with his foster mother and that the foster mother wished to adopt him (see Matter of Lenny R., 22 AD3d 240 [2005], lv denied 6 NY3d 708 [2006]; Matter of Philip D., 266 AD2d 909 [1999]).

2006The finding that termination of parental rights is in the child’s best interests is supported by a fair preponderance of the evidence showing that at the time of the dispositional hearing, the child had been in foster care for over two years and had developed a close relationship with a caring foster mother, and that respondent could not presently ameliorate the conditions that led to the child’s placement (see Matter of Lenny R., 22 AD3d 240 [2005]; La'Asia Lanae S., 23 AD3d 271 [2005], supra).

2002In the absence of any evidence that respondent is either motivated or able to meet the child’s needs in the future, Family Court properly determined that the termination of respondent’s parental rights was in the best interests of the child (see Matter of Rita XX., 279 AD2d 901 ; Matter of Lisa Z., 278 AD2d 674 ).

2002Accordingly, Family Court correctly recognized that the only issue before it, at the time of the dispositional hearing, was whether the termination of respondent’s parental rights was in the best interests of these children (see, Matter of Rita XX., 279 AD2d 901, 902-903 ; Matter of James Carton K., 235 AD2d 422, 423 ; Matter of Noele D., 209 AD2d 828, 828-829 ; Matter of Patricia O., 175 AD2d 870, 871 ; Matter of Fay H., 103 AD2d 977, 977 ; see also, Family Ct Act § 631).

2023We therefore conclude that the court properly determined that a suspended judgment was unwarranted ( see Nathan N. , 203 AD3d at 1669 ; Brandon I.J. , 198 AD3d at 1311 ; Matter of Cheyenne C. [James M.] , 185 AD3d 1517 , 1520-1521 [4th Dept 2020], lv denied 35 NY3d 917 [2020]).

2023We therefore conclude that the court properly determined that a suspended judgment was unwarranted ( see Nathan N. , 203 AD3d at 1669 ; Brandon I.J. , 198 AD3d at 1311 ; Matter of Cheyenne C. [James M.] , 185 AD3d 1517 , 1520-1521 [4th Dept 2020], lv denied 35 NY3d 917 [2020]).

2023In the circumstances of this case, a suspended judgment was not warranted because "any progress made by [the mother] in the months preceding the dispositional determination was not sufficient to warrant any further prolongation of the child[ren]'s unsettled familial status" ( Matter of London J. [Niaya W.] , 138 AD3d 1457 , 1458 [4th Dept 2016], lv denied 27 NY3d 912 [2016] [internal quotation marks omitted]).