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MATTER OF S.T.S.M.

10604.

178 A.D.3d 553 (2019)

112 N.Y.S.3d 494

2019 NY Slip Op 09093

In the Matter of S.T.S.M. and Another, Children Alleged to be Neglected. Forestdale, Inc., Appellant; S.M., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 19, 2019.

Attorney(s) appearing for the Case

Rosin Steinhagen Mendel PLLC, New York (Melissa Wagshul of counsel), for appellant.

The Bronx Defenders, Bronx (Elizabeth Newman of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the children.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Kapnick, González, JJ.

Petitioner demonstrated by clear and convincing evidence that it exercised diligent efforts to encourage and strengthen respondent's parental relationship with the subject children and that, notwithstanding these efforts, respondent failed to plan for the children's future (see Social Services Law § 384-b[7][a]; Matter of Star Leslie W., 63 N.Y.2d 136, 142 [1984]). The agency created a service plan for respondent, referring...

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