| Matter of Tamia J. |
| 2009 NY Slip Op 00453 [58 AD3d 580] |
| January 29, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Tamia J. and Another, Infants. Lawrence J., Appellant; The New York Foundling Hospital, Respondent. |
—[*1]
Law Office of Jeremiah Quinlan, Hastings-on-Hudson (Daniel Gartenstein of counsel), for
respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Michael D. Scherz of counsel),
Law Guardian.
Order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about October 17, 2007, which, to the extent appealed from, committed the guardianship and custody of the subject children to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
While respondent argues that he is available to care for his children, the finding that adoption is in the children's best interests was supported by a preponderance of the evidence showing that he had not formed a viable plan for them, that the children had been living with their foster mother from a very young age and had bonded with her, and that the foster mother wished to adopt the children (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). Concur—Saxe, J.P., Friedman, Nardelli, Sweeny and DeGrasse, JJ.