Opinion
1434 CAF 18–00082
02-01-2019
In the MATTER OF ASHANTE H. Erie County Department of Social Services, Petitioner–Respondent; v. Meko H., Sr., Respondent–Appellant. (Appeal No. 1.)
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT. AMBER R. POULOS, BUFFALO, FOR PETITIONER–RESPONDENT.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT.
AMBER R. POULOS, BUFFALO, FOR PETITIONER–RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDERIt is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In these consolidated appeals, respondent father appeals from three orders by which Family Court, inter alia, revoked a suspended judgment entered upon the father's admission that he had permanently neglected the three subject children and terminated his parental rights. It is well established that, "[i]f the court determines by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, the court may revoke the suspended judgment and terminate parental rights" ( Matter of Ronald O. , 43 A.D.3d 1351, 1352, 842 N.Y.S.2d 801 [4th Dept. 2007] ). Contrary to the father's contention, we conclude that there is a sound and substantial basis in the record to support the court's determination that he failed to comply with the terms of the suspended judgment and that it is in the children's best interests to terminate his parental rights (see Matter of Joseph M., Jr. [Joseph M., Sr.] , 150 A.D.3d 1647, 1648, 52 N.Y.S.3d 602 [4th Dept. 2017], lv denied 29 N.Y.3d 917, 2017 WL 3878204 [2017] ; Matter of Amanda M. [George M.], 140 A.D.3d 1677, 1678, 32 N.Y.S.3d 533 [4th Dept. 2016] ; Matter of Davontay Peter H. [Makeba H.] , 127 A.D.3d 405, 405, 4 N.Y.S.3d 500 [1st Dept. 2015], lv denied 25 N.Y.3d 911, 2015 WL 3891628 [2015] ). Contrary to the father's further contention, petitioner was not obligated to wait until the suspended judgment expired before filing its motion seeking revocation thereof (see Matter of Jenna D. [Paula D.] , 165 A.D.3d 1617, 1618, 85 N.Y.S.3d 318 [4th Dept. 2018] ; Matter of Dah'Marii G. [Cassandra G.], 156 A.D.3d 1479, 1480, 65 N.Y.S.3d 840 [4th Dept. 2017] ).