In re the Guardianship & Custody of Sylvia M.

Fein, J. (concurring).

I concur in result.

The facts are fairly stated in Justice Birns’ comprehensive opinion.

In my view the evidence is sufficient for a finding that the children involved in both cases are “permanently neglected” by reason of their parents’ failure to plan for the children’s future (Social Services Law, § 384-b, subd 4, par [d]; § 384-b, subd 7, par [a]; Matter of Orlando F., 40 NY2d 103; Matter of Ikem B., 73 AD2d 359). In the absence of such proof of permanent neglect I would vote to reverse and remand because I do not agree that there was clear and convincing proof that…