Opinion
No. CAF 08-00720.
February 6, 2009.
Appeal from an order of the Family Court, Herkimer County (Henry A. LaRaia, J.), entered February 29, 2008 in a proceeding pursuant to Social Services Law § 384-b. The order, insofar as appealed from, terminated the parental rights of respondent Sharon E. with respect to Anthony E. and Tammy E. upon a finding that she permanently neglected them.
ABBIE GOLDBAS, UTICA, FOR RESPONDENT-APPELLANT.
JACQUELYN M. ASNOE, HERKIMER, FOR PETITIONER-RESPONDENT.
JOHN G. KOSLOSKY, LAW GUARDIAN, UTICA, FOR ANTHONY E. AND TAMMY E.
Present: Scudder, P.J., Hurlbutt, Centra, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order that, inter alia, terminated her parental rights with respect to the children at issue in this proceeding upon a finding that she permanently neglected them. Contrary to the contention of the mother, Family Court did not abuse its discretion in refusing to enter a suspended judgment with respect to her daughter Tammy E. ( see Matter of Ty'Keith R., 45 AD3d 1397, lv denied 10 NY3d 701; Matter of Susan C, 1 AD3d 991; Matter of Jason J., 283 AD2d 982). The record establishes that the mother has no meaningful relationship with that child and that the child in fact expressed a "clear preference not to be reunited with [the] mother." Thus, the court properly determined that termination of the parental rights of the mother was in the best interests of that child ( Matter of Dabari S., 29 AD3d 593, 594, lv denied 7 NY3d 706; see Matter of Lenny R., 22 AD3d 240, lv denied 6 NY3d 708; Jason J., 283 AD2d 982).