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In re Veronica W.

289 A.D.2d 1055 Court N.Y. App. Div. Decision date 2001-12-21 English

Contents

Majority

p. 1055
In the Matter of Veronica W. and Another, Infants. Oneida County Department of Social Services, Respondent;
p. 1056
Katherine P., Appellant, et al., Respondent.
[735 NYS2d 848]

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.

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