Opinion
November 28, 2000.
Order of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about August 18, 1998, which, upon a finding that the respondent-father had violated the terms of the suspended judgment, entered upon a finding of permanent neglect on or about December 3, 1997, terminated his parental rights and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for purposes of adoption, unanimously affirmed, without costs.
Marcia Egger, for Ferdinand V., Jr.
Gerald Schwartz, for respondent-appellant.
James M. Abramson, for petitioners-respondents.
Before: Sullivan, P.J., Rubin, Saxe, Buckley, Friedman, JJ.
Family Court's finding after a hearing that respondent violated the conditions of the suspended judgment by, inter alia, assaulting the child's mother in the presence of the child and ordering the child to assault the mother, is supported by the necessary preponderance of the evidence (Matter of Robert T., Jr., 270 A.D.2d 961, lv denied 95 N.Y.2d 758; Matter of Vanessa R., 249 A.D.2d 27; Matter of Grace Q., 200 A.D.2d 894). Since the hearing was part of the dispositional phase of the proceeding, hearsay evidence was admissible (Matter of Robert T., Jr., supra; David Michael J., 217 A.D.2d 1008, lv denied 87 N.Y.2d 801).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.