Opinion
07-06-2016
In the Matter of BLAKE T.L. (Anonymous). Suffolk County Department of Social Services, respondent; Robert L. (Anonymous), appellant. (Proceeding No. 1). In the Matter of James T.L. (Anonymous). Suffolk County Department of Social Services, respondent; Robert L. (Anonymous), appellant. (Proceeding No. 2).
Glenn Gucciardo, Northport, NY, for appellant. Dennis M. Brown, County Attorney, Central Islip, NY (Randall J. Ratje of counsel), for respondent. Laurette Mulry, Central Islip, NY (John B. Belmonte of counsel), attorney for the children.
Glenn Gucciardo, Northport, NY, for appellant.
Dennis M. Brown, County Attorney, Central Islip, NY (Randall J. Ratje of counsel), for respondent.
Laurette Mulry, Central Islip, NY (John B. Belmonte of counsel), attorney for the children.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.
Appeals from two orders of the Family Court, Suffolk County (David Freundlich, J.) (one as to each child), both dated August 11, 2015. The orders, after a hearing, revoked a suspended judgment of that court dated August 18, 2014, terminated the father's parental rights, and transferred guardianship and custody of the subject children to the petitioner for the purpose of adoption.
ORDERED that the orders are affirmed, without costs or disbursements.
Contrary to the father's contention, the petitioner satisfied its burden of proving, by a preponderance of the evidence, that the father violated one of the terms and conditions of a suspended judgment by failing to refrain from using illegal drugs (see Family Ct. Act § 624 ; Matter of Derrick D.A. [Shavonna L.L.D.], 134 A.D.3d 928, 929, 22 N.Y.S.3d 472 ; Matter of Justin
S. [Nereida V.], 121 A.D.3d 405, 406, 993 N.Y.S.2d 308 ; Matter of Michael Phillip T., 44 A.D.3d 1062, 1062–1063, 845 N.Y.S.2d 790 ). Although the testimony of a caseworker regarding the father's drug test results constituted hearsay, hearsay evidence which is material and relevant may be admitted at a hearing on an alleged violation of a suspended judgment because it is part of the dispositional phase of a permanent neglect proceeding (see Family Ct. Act § 624 ; Matter of Janasia H. [Ebony H.], 71 A.D.3d 1524, 1525, 896 N.Y.S.2d 702 ; Matter of Darren V., 61 A.D.3d 986, 988, 878 N.Y.S.2d 171 ; Matter of Ferdinand V., 277 A.D.2d 133, 717 N.Y.S.2d 59 ). Here, the caseworker's testimony regarding the father's drug test results was properly admitted as it was material and relevant to the issue of whether the father violated the terms and conditions of the suspended judgment (see Matter of Janasia H. [Ebony H.], 71 A.D.3d at 1525, 896 N.Y.S.2d 702 ; Matter of Michael Phillip T., 44 A.D.3d at 1062, 845 N.Y.S.2d 790 ; Matter of Jamaal DeQuan M., 24 A.D.3d 667, 668, 808 N.Y.S.2d 384 ; In re David M–H, 305 A.D.2d 414, 758 N.Y.S.2d 505 ).
Further, the evidence adduced at the hearing supported the Family Court's determination that it was in the best interests of the children to terminate the father's parental rights and free the children for adoption (see Family Ct. Act § 633[f] ; Matter of Derrick D.A. [Shavonna L.L.D.], 134 A.D.3d at 929, 22 N.Y.S.3d 472 ; Matter of Jeremiah J.W. [Tionna W.], 134 A.D.3d 848, 849, 22 N.Y.S.3d 215 ; Matter of Kai G. [Janice K.], 126 A.D.3d 902, 903, 2 N.Y.S.3d 922 ; Matter of Mashlai
D.M. [Jalisa R.D.], 110 A.D.3d 813, 814, 971 N.Y.S.2d 900 ).
The Family Court also providently exercised its discretion in denying the request of the father's attorney to be relieved and for the assignment of new counsel where no good cause was shown (see Matter of Zulme v. Maehrlein, 133 A.D.3d 608, 18 N.Y.S.3d 552 ; Matter of Alexander S. [David S.], 130 A.D.3d 1463, 1464, 12 N.Y.S.3d 747 ; Matter of Wiley v. Musabyemariya, 118 A.D.3d 898, 900, 988 N.Y.S.2d 259 ).
The father's remaining contention is not properly before this Court.