Opinion
11-21-2014
In the Matter of DARLENEA T. and Miracle T. Erie County Department of Social Services, Petitioner–Respondent; Wanda A., Respondent–Appellant.
Colucci & Gallaher, P.C., Buffalo (Regina A. DelVecchio of Counsel), for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent. Sheila Sullivan Dickinson, Attorney for the Child, Buffalo. David C. Schopp, Attorney for the Child, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
Colucci & Gallaher, P.C., Buffalo (Regina A. DelVecchio of Counsel), for Respondent–Appellant.
Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
Sheila Sullivan Dickinson, Attorney for the Child, Buffalo.
David C. Schopp, Attorney for the Child, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
PRESENT: SMITH, J.P., CENTRA, FAHEY, LINDLEY, and WHALEN, JJ.
Opinion
MEMORANDUM:Respondent mother appeals from an order that, inter alia, revoked the suspended judgment entered upon a finding of permanent neglect and terminated her parental rights with respect to her children in this proceeding pursuant to Social Services Law § 384–b. We conclude that petitioner established by a preponderance of the evidence that the mother failed to comply with the terms of the suspended judgment (see Matter of Shad S. [Amy C.Y.], 67 A.D.3d 1359, 1360, 888 N.Y.S.2d 694 ). Nevertheless, based on new facts and allegations that we may properly consider, we further conclude that it is not clear that termination of the mother's parental rights is in the best interests of the children (see id.; see also Matter of Leval B. v. Kiona E., 115 A.D.3d 665, 667, 981 N.Y.S.2d 449 ). We therefore reverse the order and remit the matter to Family Court for a new dispositional hearing to determine the children's best interests.
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, and the matter is remitted to Family Court, Erie County, for a new dispositional hearing.