| Matter of Antwone Lee S. |
| 2008 NY Slip Op 01854 [49 AD3d 276] |
| March 4, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Antwone Lee S. and Another, Children Alleged to be Permanently Neglected. Tracye W., Also Known as Tracye S., Appellant; The Catholic Home Bureau for Dependent Children, Respondent. |
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Magovern & Sclafani, New York City (Joanna M. Roberson of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York City (Judy Waksberg of counsel), Law Guardian, and Proskauer Rose, LLP, New York City (Andrew I. Gerber of counsel), for Law Guardian.
Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 20, 2006, which, upon a finding of permanent neglect, terminated respondent's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence of respondent's failure, notwithstanding the petitioner's diligent efforts, to learn to control her anger and complete all of the programs to which she was referred, and refusal to accept guidance on proper parenting (see Matter of Alpacheta C., 41 AD3d 285 [2007], lv denied 9 NY3d 812 [2007]; Matter of Jah'lil Dale Emanuel McC., 44 AD3d 547 [2007]). Termination of respondent's parental rights is supported by a preponderance of the evidence showing that the children, who have been in foster care virtually since birth, have bonded with a foster parent who provides for their special needs and desires to adopt, and that respondent [*2]continues to have problems controlling her anger and does not have suitable housing (see Matter of Shaka Efion C., 207 AD2d 740 [1994]). Concur—Nardelli, J.P., Williams, Sweeny and Catterson, JJ.