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IN THE MATTER OF DAVID

20 A.D.3d 568 (2005)

799 N.Y.S.2d 266

In the Matter of DAVID M., an Infant. ANGEL GUARDIAN CHILDREN AND FAMILY SERVICES, INC., Respondent; KELLY M., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of JOY M., an Infant. ANGEL GUARDIAN CHILDREN AND FAMILY SERVICES, INC., Respondent; KELLY M., Appellant, et al., Respondent. (Proceeding No. 2.)

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

July 25, 2005.

Ordered that the orders are affirmed, without costs or disbursements.

To establish permanent neglect as a basis for terminating parental rights, the petitioner was required to show that the parent "failed for a period of more than one year following the date [that the] child came into [its] care . . . substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so, notwithstanding...

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