Opinion
January 20, 1994
Appeal from the Family Court, New York County (Mary E. Bednar, J., Jeffry Gallet, J.).
While there is no statutory mandate requiring a dispositional hearing after a finding of abandonment pursuant to Social Services Law § 384-b, the court was within its discretion to hold such a hearing to determine the best interests of the child (cf., Matter of Joyce T., 65 N.Y.2d 39, 47). There is no presumption that such best interests will be best served by return to the parent or by any other particular placement (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148). While evidence of the quality of the foster home and the bonding of the child to the foster parents was presented, respondent testified regarding her voluntary entry into a drug treatment program, her problems with her family, and her intent to visit the child during treatment. Having assessed the character and intent of the parties, the court was within its discretion in suspending judgment for one year and imposing specific conditions on respondent, including monthly visitation (see, Matter of Irene O., 38 N.Y.2d 776, 777).
Because undisputed evidence was presented that respondent did not comply with the visitation requirement of the suspended judgment, the court properly vacated the judgment (see, Matter of Lawrence Clinton S., 186 A.D.2d 808). The court thereafter also acted in the child's best interests by immediately terminating respondent's parental rights and did not abuse its discretion by failing to conduct a further dispositional hearing (see, Matter of Patricia O., 175 A.D.2d 870, 871).
Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.