MATTER OF ALBERT MILTON K.


47 A.D.3d 261 (2007)

848 N.Y.S.2d 97

In the Matter of ALBERT MILTON K., JR., a Child Alleged to be Permanently Neglected. ST. VINCENT'S SERVICES, INC., Respondent; ALBERT MILTON K., Respondent. TAMARA STECKLER, as Law Guardian, Appellant.

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

December 20, 2007.


Attorney(s) appearing for the Case

Tamara A. Steckler, The Legal Aid Society, New York City (John A. Newbery and Brian T. Lamb of counsel), appellant.

Magovern & Scalfani, New York City (Joanna M. Roberson and Frederick J. Magovern of counsel), for St. Vincent's Services, Inc. respondent.

Neal D. Futerfas, White Plains, for Albert Milton K., respondent.

TOM, J.P., MAZZARELLI, NARDELLI and KAVANAGH, JJ., concur.


OPINION OF THE COURT

SAXE, J.

This appeal presents the difficult situation of a biological father who has done everything he can, and everything the agency requires and suggests, to regain custody of his child after years in foster care. May his parental rights nevertheless be terminated because the child—who has known only his kinship foster home with his great aunt—remains fearful and distrustful of him? Is the parent's ability to successfully...

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