Opinion
10-05-2016
In the Matter of PHOENIX D.A. (Anonymous). Suffolk County Department of Social Services, respondent; Jessie A. (Anonymous), appellant.
Laurette Mulry, Central Islip, NY (Maryellen McQuade of counsel), for appellant. Dennis M. Brown, County Attorney, Central Islip, NY (Randall J. Ratje of counsel), for respondent. J. Gary Waldvogel, Smithtown, NY, attorney for the child.
Laurette Mulry, Central Islip, NY (Maryellen McQuade of counsel), for appellant.
Dennis M. Brown, County Attorney, Central Islip, NY (Randall J. Ratje of counsel), for respondent.
J. Gary Waldvogel, Smithtown, NY, attorney for the child.
Appeal by the mother from an order of disposition of the Family Court, Suffolk County (David Freundlich, J.), entered March 17, 2015. The order, insofar as appealed from, upon a decision dated March 17, 2015, made after a hearing, terminated the mother's parental rights and transferred guardianship and custody of the subject child to the Suffolk County Department of Social Services for the purpose of adoption.
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
The Suffolk County Department of Social Services commenced this proceeding to terminate the mother's parental rights to the subject child on the ground of permanent neglect. The mother consented to a finding of permanent neglect, and a suspended judgment was entered. Prior to the expiration of the suspended judgment, a violation petition was filed seeking revocation of the suspended judgment and termination of the mother's parental rights. After a hearing, the Family Court revoked the suspended judgment and terminated the mother's parental rights. On appeal, this Court reversed and remitted the matter for a new dispositional hearing to determine the best interests of the child and a new determination thereafter (see Matter of Phoenix D.A. [Jessie A.], 123 A.D.3d 823, 998 N.Y.S.2d 214 ). After conducting a new dispositional hearing, the Family Court determined that it was in the child's best interests to terminate the mother's parental rights and free him for adoption. The mother appeals.
At a dispositional hearing after a finding of permanent neglect, the Family Court must make its determination based upon the best interests of the child (see Family Ct. Act § 631 ; Matter of Ashey Lorraine R., 22 A.D.3d 671, 672, 804 N.Y.S.2d 348 ; Matter of Crystal C., 219 A.D.2d 601, 602, 631 N.Y.S.2d 376 ). Here, the evidence at the new dispositional hearing established, by a preponderance of the evidence, that it was in the child's best interests to terminate the mother's parental rights and free him for adoption.
BALKIN, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.