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IN THE MATTER OF RUTHERFORD RODERICK T.

4 A.D.3d 213 (2004)

772 N.Y.S.2d 49

In the Matter of RUTHERFORD RODERICK T. and Another, Children Alleged to be Permanently Neglected. RUTHERFORD R.T., Appellant; ST. CHRISTOPHER-OTTILIE, Respondent, et al., Respondent.

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

February 19, 2004.

The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to complete a drug rehabilitation program before the filing of the petition, despite the agency's diligent efforts to help him do so (see Matter of Natajha Starr M., 204 A.D.2d 232 [1994], lv denied 84 N.Y.2d 806 [1994]). Nor is a suspended judgment warranted by evidence that respondent no longer uses drugs. At the dispositional...

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