"This opportunity is limited in time, during which the parent must comply with terms and conditions meant to ameliorate the difficulty that led to the suspended judgment" (Matter of Max HH. [Kara FF.], 170 A.D.3d 1456, 1457-1458 [3d Dept 2019] [internal quotation marks, brackets and citations omitted]). "Where a parent's noncompliance with the terms and conditions of the suspended judgment is established by a preponderance of the evidence, Family Court may revoke the suspended judgment and, if in the child[ren]'s best interests, terminate that party's parental rights" (Matter of Jeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1339 [3d Dept 2021] [internal quotation marks, brackets and citations omitted], lv denied 37 N.Y.3d 905 [2021]; see Matter of Alexsander N. [Lena N.], 146 A.D.3d 1047, 1048 [3d Dept 2017], lv denied 29 N.Y.3d 903 [2017]). "While a parent's failure to comply with the conditions of a suspended judgment does not automatically compel termination of parental rights, that noncompliance constitutes strong evidence that termination is, in fact, in the best interests of the children" (Matter of Nahlaya MM. [Zaianna LL.], 193 A.D.3d 1294, 1298 [3d Dept 2021] [internal quotation marks, brackets and citations omitted], lvs denied 37 N.Y.3d 905 [2021], 37 N.Y.3d 905 [2021]; see Matter of Jasnia Y. [Alease Y.], 162 A.D.3d 1148, 1149-1150 [3d Dept 2018], lv denied 32 N.Y.3d 901 [2018]). "Great deference is accorded to Family Court's factual findings, and they will not be disturbed if supported by a sound and substantial basis in the record" (Matter of Jerhia EE. [Benjamin EE.], 157 A.D.
Turning to the merits, we find no basis upon which to disturb Family Court's determination to revoke the suspended judgment and to terminate the mother's parental rights. "A suspended judgment provides a parent who has been found to have permanently neglected his or her child with a brief opportunity to become a fit parent with whom the child can be safely reunited" ( Matter of Jeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1339, 143 N.Y.S.3d 752 [3d Dept. 2021] [internal quotation marks and citations omitted], lv denied 37 N.Y.3d 905, 2021 WL 3925891 [2021] ). During this opportunity, "the parent must comply with terms and conditions meant to ameliorate the difficulty that led to the suspended judgment" ( Matter of Brandon N. [Joseph O.], 165 A.D.3d 1520, 1522, 87 N.Y.S.3d 367 [3d Dept. 2018] [internal quotation marks and citation omitted])
This culminated in respondent missing several visitation appointments with the child and multiple meetings with programming or parent educators who made diligent efforts to encourage and strengthen respondent's relationship with the child (see Matter of Makayla I. [Sheena K.], 201 A.D.3d 1145, 1148 [2022], lv denied ___ N.Y.3d ___ [Apr. 21, 2022]; Matter of Isabella H. [Richard I.], 174 A.D.3d 977, 980 [2019]). Based on the foregoing, we find that petitioner has established by clear and convincing evidence that the child has been permanently neglected and termination of respondent's parental rights is in the child's best interests (see Matter of Makayla I. [Sheena K.], 201 A.D.3d at 1152; Matter of Nahlaya MM. [Zaianna LL.], 193 A.D.3d 1294, 1298 [2021], lvs denied 37 N.Y.3d 905 [2021]; Matter of Jeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1341 [2021], lv denied 37 N.Y.3d 905 [2021]). Egan Jr., J.P., Clark, Pritzker and Ceresia, JJ., concur.
Particularly, the father continued to deny the sexual abuse committed against Makayla and Annabella, and he failed to attend most of the service plan review meetings in the years preceding the hearing. Given the children's lengthy stay in foster care, the foster parent's willingness to be an adoptive resource, respondents’ unwillingness to participate in mental health counseling and to acknowledge the sexual abuse committed against Makayla and Annabella, and that there was no progress made by respondents in achieving the permanency goals, there is a sound and substantial basis in the record to support Family Court's determination that termination of the father's parental rights as to Annabella and Caleb was in their best interests (see Matter ofJeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1341, 143 N.Y.S.3d 752 [2021], lv denied 37 N.Y.3d 905, 2021 WL 3925891 [2021] ; Matter of Keadden W. [Hope Y.], 165 A.D.3d at 1509, 87 N.Y.S.3d 380 ; Matter of Landon U. [Amanda U.], 132 A.D.3d 1081, 1085–1086, 19 N.Y.S.3d 341 [2015] ). We have examined the parties’ remaining contentions and find them to be without merit.
Particularly, the father continued to deny the sexual abuse committed against Makayla and Annabella, and he failed to attend most of the service plan review meetings in the years preceding the hearing. Given the children's lengthy stay in foster care, the foster parent's willingness to be an adoptive resource, respondents' unwillingness to participate in mental health counseling and to acknowledge the sexual abuse committed against Makayla and Anabella, and that there was no progress made by respondents in achieving the permanency goals, there is a sound and substantial basis in the record to support Family Court's determination that termination of the father's parental rights as to Annabella and Caleb was in their best interests (see Matter of Jeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1341 [2021], lv denied 37 N.Y.3d 905 [2021]; Matter of Keadden W. [Hope Y.], 165 A.D.3d at 1509; Matter of Landon U. [Amanda U.], 132 A.D.3d 1081, 1085-1086 [2015]). We have examined the parties' remaining contentions and find them to be without merit.
This culminated in respondent missing several visitation appointments with the child and multiple meetings with programming or parent educators who made diligent efforts to encourage and strengthen respondent's relationship with the child (see Matter of Makayla I. [Sheena K.], 201 A.D.3d 1145, 1148 [2022], lv denied ___ N.Y.3d ___ [Apr. 21, 2022]; Matter of Isabella H. [Richard I.], 174 A.D.3d 977, 980 [2019]). Based on the foregoing, we find that petitioner has established by clear and convincing evidence that the child has been permanently neglected and termination of respondent's parental rights is in the child's best interests (see Matter of Makayla I. [Sheena K.], 201 A.D.3d at 1152; Matter of Nahlaya MM. [Zaianna LL.], 193 A.D.3d 1294, 1298 [2021], lvs denied 37 N.Y.3d 905 [2021]; Matter of Jeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1341 [2021], lv denied 37 N.Y.3d 905 [2021]). Egan Jr., J.P., Clark, Pritzker and Ceresia, JJ., concur.
Particularly, the father continued to deny the sexual abuse committed against Makayla and Annabella, and he failed to attend most of the service plan review meetings in the years preceding the hearing. Given the children's lengthy stay in foster care, the foster parent's willingness to be an adoptive resource, respondents' unwillingness to participate in mental health counseling and to acknowledge the sexual abuse committed against Makayla and Anabella, and that there was no progress made by respondents in achieving the permanency goals, there is a sound and substantial basis in the record to support Family Court's determination that termination of the father's parental rights as to Annabella and Caleb was in their best interests (see Matter of Jeremiah RR. [Bonnie RR.], 192 A.D.3d 1338, 1341 [2021], lv denied 37 N.Y.3d 905 [2021]; Matter of Keadden W. [Hope Y.], 165 A.D.3d at 1509; Matter of Landon U. [Amanda U.], 132 A.D.3d 1081, 1085-1086 [2015]). We have examined the parties' remaining contentions and find them to be without merit.