Opinion
No. CAF 08-00735.
October 2, 2009.
Appeal from an order of the Family Court, Monroe County (John J. Rivoli, J.), entered March 20, 2008 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated respondent's parental rights.
WARD NORRIS HELLER REIDY LLP, ROCHESTER (MARGARET E. DOUGHERTY OF COUNSEL), FOR RESPONDENT-APPELLANT.
DANIEL M. DELAUS, JR., COUNTY ATTORNEY, ROCHESTER (PAUL N. HUMPHREY OF COUNSEL), FOR PETITIONER-RESPONDENT.
KATHLEEN M. CONTRINO, LAW GUARDIAN, NORTH TONAWANDA, FOR EMMERAN M.
Present: Smith, J.P., Fahey, Carni, Pine and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order of disposition that, inter alia, terminated his parental rights, respondent father contends that Family Court abused its discretion in refusing to issue a suspended judgment. We reject that contention. Petitioner established that, over the course of more than a year and six months, the father made little to no effort to visit the child and that, during visitation, he made minimal efforts to interact with the child ( see Matter of Lenny R., 22 AD3d 240, lv denied 6 NY3d 708; Matter of Jason J., 283 AD2d 982). Petitioner further established that the father failed to complete a court-ordered substance abuse treatment program or to attend court-ordered domestic violence counseling ( see Matter of Melissa DD., 45 AD3d 1219, 1221, lv denied 10 NY3d 701). We thus conclude that the court properly determined that a suspended judgment would not serve the best interests of the child ( see Matter of Ada M.R., 306 AD2d 920, 921, lv denied 100 NY2d 509; see generally Matter of Michael B., 80 NY2d 299, 310-311).