IN THE MATTER OF PEARL


13 A.D.3d 141 (2004)

786 N.Y.S.2d 470

In the Matter of PEARL M.A., a Child Alleged to be Permanently Neglected. HAROLD A., Appellant; FAMILY SUPPORT SYSTEMS UNLIMITED, Respondent.

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

December 14, 2004.


The finding of permanent neglect is supported by clear and convincing evidence that despite the agency's diligent efforts, respondent missed many visits with the child, failed to attend planning conferences, failed to complete parenting skills and anger management classes, and, in violation of a court order, failed to quit smoking despite the child's special medical need that he do so (Social Services Law § 384-b [7] [c]; see Matter of Sheila G.,

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