Opinion
334 CAF 18-02255
04-24-2020
In the MATTER OF MAYKALA W. Oneida County Department of Social Services, Petitioner-Respondent; v. Marquis W., Respondent-Appellant.
PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT-APPELLANT. DENISE MORGAN, UTICA, FOR PETITIONER-RESPONDENT. STEPHANIE N. DAVIS, OSWEGO, ATTORNEY FOR THE CHILD.
PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT-APPELLANT.
DENISE MORGAN, UTICA, FOR PETITIONER-RESPONDENT.
STEPHANIE N. DAVIS, OSWEGO, ATTORNEY FOR THE CHILD.
PRESENT: PERADOTTO, J.P., TROUTMAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Social Services Law § 384–b, respondent father appeals from an order that, inter alia, revoked a suspended judgment entered upon his admission that he had permanently neglected the subject child. "It is well established that, ‘[i]f the court determines by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, the court may revoke the suspended judgment and terminate parental rights’ " ( Matter of Ashante H. [Meko H.], 169 A.D.3d 1454, 1454–1455, 92 N.Y.S.3d 823 [4th Dept. 2019] ; see Matter of Michael S. [Timothy S.], 159 A.D.3d 1378, 1379, 72 N.Y.S.3d 294 [4th Dept. 2018] ). Contrary to the father's contention, we conclude that there is a sound and substantial basis in the record to support Family Court's determination that he failed to comply with the terms of the suspended judgment (see Ashante H., 169 A.D.3d at 1455, 92 N.Y.S.3d 823 ; Michael S., 159 A.D.3d at 1379–1380, 72 N.Y.S.3d 294 ).