Opinion
2011-09-30
In the Matter of ELIZABETH J.Oneida County Department of Social Services, Petitioner–Respondent;Jocelyn J., Respondent–Appellant.
Appeal from an order of the Family Court, Oneida County (James R. Griffith, J.), entered March 22, 2010 in a proceeding pursuant to Social Services Law § 384–b. The order terminated the parental rights of respondent.John T. Nasci, Rome, for respondent–appellant.John A. Herbowy, County Attorney, Utica (Denise J. Morgan of Counsel), for petitioner–respondent.William L. Koslosky, Attorney for the Child, Utica, for Elizabeth J.MEMORANDUM:
Respondent mother appeals from an order revoking a suspended judgment and terminating her parental rights with respect to her daughter. Contrary to the mother's contention, petitioner established by a preponderance of the evidence that she violated the terms of the suspended judgment ( see Matter of Janasia H., 71 A.D.3d 1524, 896 N.Y.S.2d 702, lv. denied 15 N.Y.3d 701, 2010 WL 2521339). In addition, Family Court properly concluded that termination of the mother's parental rights was in the child's best interests inasmuch as the foster family had expressed a desire to adopt the child, the mother was incarcerated and the suspended judgment expired more than two years prior to her earliest release date ( see *508 Matter of Saboor C., 303 A.D.2d 1022, 757 N.Y.S.2d 192). The court also properly determined that the mother failed to establish that it was in the child's best interests to have post-termination visitation with her ( see Matter of Sean H., 74 A.D.3d 1837, 901 N.Y.S.2d 893, lv. denied 15 N.Y.3d 708, 2010 WL 3583039).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, and GREEN, JJ., concur.