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In the Matter of Michael C

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2004
4 A.D.3d 423 (N.Y. App. Div. 2004)

Opinion

2002-09336.

Decided February 9, 2004.

In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father Angel R.-C., and the mother Rosa R.-C., appeal, and the children Johnathon C., Sarah C., Shoshana C., and Joshua C., separately appeal, as limited by their respective briefs, from so much of an order of the Family Court, Rockland County (Garvey, J.), entered September 18, 2002, as, after a dispositional hearing, revoked the suspended judgment of the same court dated September 25, 2001, terminated the parental rights of the mother and father, and transferred guardianship and custody of Johnathon C., Sarah C., Shoshana C., and Joshua C. to the Rockland County Department of Social Services.

Michael D. Diederich, Jr., Stony Point, N.Y., for appellants Angel R.-C. and Rosa R.-C.

Anne Gilleece, White Plains, N.Y., Law Guardian for appellants Johnathon C., Sarah C., Shoshana C., and Joshua C.

Patricia Zugibe, County Attorney, New City, N.Y. (Radhika Nagubandi of counsel), for respondent Rockland County Department of Social Services.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN and WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court may revoke a suspended judgment after a violation hearing upon a finding supported by a preponderance of the evidence that the parents failed to comply with one or more of its conditions ( see Matter of Judith D., 307 A.D.2d 311). Here, the parents admitted that they failed to satisfy certain conditions of the suspended judgment, and the additional evidence adduced at the dispositional hearing supports the Family Court's determination that termination of their parental rights was in the best interests of the subject children ( see Matter of Judith D., supra; Matter of Leake Watts Servs., 262 A.D.2d 644; Matter of Children W., 226 A.D.2d 385).

The appellants' remaining contention is without merit.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

In the Matter of Michael C

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2004
4 A.D.3d 423 (N.Y. App. Div. 2004)
Case details for

In the Matter of Michael C

Case Details

Full title:IN THE MATTER OF MICHAEL C. (Anonymous). ROCKLAND COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 2004

Citations

4 A.D.3d 423 (N.Y. App. Div. 2004)
771 N.Y.S.2d 397

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