Opinion
672 CAF 22-00534
09-29-2023
In the MATTER OF CARTER B. Monroe County Department of Human Services, Petitioner-Respondent; v. Heather B., Respondent-Appellant.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (HENRY W. JONES, IV, OF COUNSEL), FOR RESPONDENT-APPELLANT. JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (MARY WHITESIDE OF COUNSEL), FOR PETITIONER-RESPONDENT. MAUREEN N. POLEN, ROCHESTER, ATTORNEY FOR THE CHILD.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (HENRY W. JONES, IV, OF COUNSEL), FOR RESPONDENT-APPELLANT.
JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (MARY WHITESIDE OF COUNSEL), FOR PETITIONER-RESPONDENT.
MAUREEN N. POLEN, ROCHESTER, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: Respondent mother appeals from an order by which Family Court, inter alia, revoked a suspended judgment entered upon her admission that she had permanently neglected the subject child and terminated her parental rights with respect to that child. We affirm. There is a sound and substantial basis in the record to support the court's determination that the mother failed to comply with the terms of the suspended judgment and that the child's interests were best served by terminating the mother's parental rights (see Matter of Jerimiah H. [Kiarra M.] , 213 A.D.3d 1298, 1298-1299, 183 N.Y.S.3d 654 [4th Dept. 2023], lv denied 39 N.Y.3d 913, 2023 WL 3513087 [2023] ; Matter of Terry L.G. , 6 A.D.3d 1144, 1145, 776 N.Y.S.2d 429 [4th Dept. 2004] ; see generally Matter of Michael S. [Charle S.] , 182 A.D.3d 1053, 1054, 120 N.Y.S.3d 918 [4th Dept. 2020], lv denied 35 N.Y.3d 911, 2020 WL 5048434 [2020] ). The mother's contention that her due process rights were violated is unpreserved for our review and in any event is without merit (see Matter of Giovanni K. [Dawn K.] , 68 A.D.3d 1766, 1767, 891 N.Y.S.2d 838 [4th Dept. 2009], lv denied 14 N.Y.3d 707, 2010 WL 1286815 [2010] ; see generally Matter of Jessica J. , 44 A.D.3d 1132, 1133, 843 N.Y.S.2d 708 [3d Dept. 2007] ).