Majority
Order unanimously affirmed without costs. Memorandum: Respondent mother appeals from an order finding that she violated various terms and conditions of a suspended judgment and terminating her parental rights on the ground of permanent neglect. Contrary to respondent’s contention, hearsay is admissible at a violation hearing, which is part of the dispositional phase of the proceeding (see, Matter of Robert T., 270 AD2d 961 , lv denied 95 NY2d 758 ; Matter of Nicole Lee B., 256 AD2d 1103 ; Matter of Grace Q., 200 AD2d 894 -895; see also, Family Ct Act § 624). In any event, even without consideration of that hearsay evidence, we conclude that petitioner established by a preponderance of the evidence that respondent violated various terms and conditions of the suspended judgment (see, Matter of Gordon M., 281 AD2d 920 , lv denied 96 NY2d 717 ; Matter of Ashley M. [appeal No. 1], 278 AD2d 892 , lv denied 96 NY2d 710 ; Matter of Robert T., supra, at 961-962 ). (Appeal from Order of Oneida County Family Court, McGuire, J. — Terminate Parental Rights.) Present — Green, J. P., Kehoe, Burns, Gorski and Lawton, JJ.
Cases cited
- In re Nicole Lee B. 256 AD2d 1103 p. 1056
- In re Grace Q. 200 AD2d 894 p. 1056