Matter of Aaron T.
2005 NY Slip Op 06123 [20 AD3d 573]
July 25, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 21, 2005


In the Matter of Aaron T., an Infant. St. Christopher's, Inc., Respondent; Sharon W., Respondent; Elliot Green, Nonparty Appellant; St. Vincent's Services, Inc., Nonparty Respondent. (Proceeding No. 1.) In the Matter of Tamarshian H., an Infant. St. Christopher's, Inc., Respondent; Sharon W., Respondent; Elliot Green, Nonparty Appellant; St. Vincent's Services, Inc., Nonparty Respondent. (Proceeding No. 2.)

[*1]In two proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the Law Guardian appeals from an order of the Family Court, Kings County (Elkins, J.), dated September 15, 2004, which, after a hearing, denied the petitions and dismissed the proceedings.

Ordered that the order is affirmed, without costs or disbursements. [*2]

The Family Court properly dismissed the petitions to terminate the mother's parental rights as the petitioner failed to establish "permanent neglect" under Social Services Law § 384-b (7) (a) (see Matter of Donovan R., 10 AD3d 398 [2004]; Matter of Marielene T. R., 253 AD2d 882 [1998]). Krausman, J.P., Luciano, Spolzino and Lifson, JJ., concur.