Opinion
CAF 02-01772.
December 31, 2003.
Appeal from an order of Family Court, Herkimer County (LaRaia, J.), entered November 8, 2001, which revoked the suspended judgment granted August 16, 2000 and terminated the parental rights of respondent Craig, L., Sr.
KOSLOSKY KOSLOSKY, UTICA (JOHN G. KOSLOSKY OF COUNSEL), FOR RESPONDENT-APPELLANT.
JACQUELYN M. ASNOE, HERKIMER, FOR PETITIONER-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: On appeal from an order revoking a six-month suspended judgment and terminating his parental rights, respondent father contends that Family Court erred in admitting evidence on matters occurring after the expiration of the suspended judgment. We disagree. "A hearing on a petition alleging the violation of a suspended judgment is part of the dispositional phase of a permanent neglect proceeding" ( Matter of Saboor C., 303 A.D.2d 1022, 1023), and thus the best interests of the child must be considered ( see Family Ct Act § 631). Therefore, evidence bearing upon both the alleged violation and the best interests of the child is admissible at the hearing ( see Matter of Amber AA., 301 A.D.2d 694, 696-697). We conclude that the preponderance of the evidence at the hearing supports the determination that respondent violated the terms and conditions of the suspended judgment before it expired ( see Matter of Gerald M., 112 A.D.2d 6). We further conclude that the evidence, when considered in light of respondent's conduct after the expiration of the suspended judgment, supports the determination that the termination of respondent's parental rights is in the child's best interests.