← Cases

In re Rebecca F.

286 A.D.2d 985 Court N.Y. App. Div. Decision date 2001-09-28 English

Contents

Majority

p. 985
In the Matter of Rebecca F., an Infant. Onondaga County Department of Social Services, Respondent; James
p. 986
F., Appellant, et al., Respondent.
[730 NYS2d 918]

—Order unanimously affirmed without costs. Memorandum: Respondent father appeals from an order revoking a suspended judgment of permanent neglect, terminating his parental rights and transferring custody of his child to petitioner. Contrary to the contention of respondent, Family Court’s finding after a hearing that he failed to comply with certain conditions of the suspended judgment is supported by a preponderance of the evidence (see, Matter of Gerald M., 112 AD2d 6 ; see also, Matter of Victor C., 284 AD2d 945 ; Matter of Ashley M. [appeal No. 1], 278 AD2d 892 , Iv denied 96 NY2d 710 ). Thus, the court “did not improvidently exercise its discretion by revoking [the] suspended judgment” (Matter of La’Quan De’Vota H., 259 AD2d 486 , 487). (Appeal from Order of Onondaga County Family Court, Griffith, J. — Terminate Parental Rights.) Present — Pine, J. P., Hayes, Hurlbutt, Burns and Gorski, JJ.

Cases cited