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In the Matter of Michael S

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1212 (N.Y. App. Div. 2004)

Opinion

CAF 03-01501.

Decided April 30, 2004.

Appeal from an order of the Family Court, Niagara County (John F. Batt, J.), entered December 16, 2002 in a proceeding pursuant to Social Services Law § 384-b. The order revoked the order of suspended judgment, terminated respondent's parental rights and transferred the guardianship and custody of respondent's children to petitioner.

KATHLEEN E. CASEY, MIDDLEPORT, FOR RESPONDENT-APPELLANT.

THOMAS W. SCIRTO, LOCKPORT, FOR PETITIONER-RESPONDENT.

Before: PRESENT: GREEN, J.P., PINE, KEHOE, GORSKI, 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: Petitioner established by a preponderance of the evidence that respondent failed to comply with the terms and conditions set forth in the order of suspended judgment, and thus Family Court properly revoked that order and terminated respondent's parental rights ( see Matter of Michael B., 80 N.Y.2d 299, 311; Matter of Jennifer T., 224 A.D.2d 843, 843-844; Matter of Grace Q., 200 A.D.2d 894, 895). The evidence adduced at the hearing establishes that, contrary to the conditions of that order, respondent failed to enroll herself and the children in recommended counseling; failed to maintain financial stability, which resulted in her eviction from her apartment; allowed her boyfriend to reside with her and the children without petitioner's permission; and facilitated contact between her son Michael and his father, whose parental rights had been terminated. Thus, we conclude that the court properly terminated respondent's parental rights ( see Matter of Orange County Dept. of Social Servs. v. Lisa Sue C., 220 A.D.2d 511).


Summaries of

In the Matter of Michael S

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1212 (N.Y. App. Div. 2004)
Case details for

In the Matter of Michael S

Case Details

Full title:MATTER OF MICHAEL S., TERENCE R., AND DONAVAN R. NIAGARA COUNTY DEPARTMENT…

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

Date published: Apr 30, 2004

Citations

6 A.D.3d 1212 (N.Y. App. Div. 2004)
776 N.Y.S.2d 662