Opinion
2015-11-4
In the Matter of ANASTASIA R. (Anonymous). Westchester County Department of Social Services, respondent; Jessica R. (Anonymous), appellant.
Daniel Lawrence Pagano, Yorktown Heights, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Linda M. Trentacoste of counsel), for respondent.
Daniel Lawrence Pagano, Yorktown Heights, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Linda M. Trentacoste of counsel), for respondent.
Steven M. Ranellone, White Plains, N.Y., attorney for the child.
Appeal from an order of disposition of the Family Court, Westchester County (Janet C. Malone, J.), dated September 15, 2014. The order of disposition, upon findings of fact and conclusions of law of that court dated December 5, 2013, entered upon the mother's consent, adjudging the subject child to be permanently neglected, and after a dispositional hearing, terminated the mother's parental rights and transferred the guardianship and custody of the subject child to the Westchester County Department of Social Services for the purpose of adoption.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The Family Court providently exercised its discretion in declining to issue a suspended judgment, as the evidence established that it would be in the subject child's best interest to be freed for adoption by her foster parents ( seeFamily Ct. Act § 631; Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Ashley D.W. [Marcus W.], 124 A.D.3d 670, 997 N.Y.S.2d 913; Matter of Angel R.F. [Nicholas F.], 114 A.D.3d 781, 980 N.Y.S.2d 528; Matter of Shaprea L.R. [Mario L.], 97 A.D.3d 587, 947 N.Y.S.2d 323; Matter of Marqekah Lillius B., 63 A.D.3d 1057, 880 N.Y.S.2d 554).
Given the mother's refusal to testify at the dispositional hearing, even on an adjourned date, the Family Court providently exercised its discretion in declining her request, based on her claim of illness, for a further adjournment ( see Matter of Daija K.P. [Danielle P.], 129 A.D.3d 1087, 1088, 12 N.Y.S.3d 239; Matter of Xiao–Lan Ma v. Washington, 127 A.D.3d 982, 4 N.Y.S.3d 914, 916; Matter of Tripp, 101 A.D.3d 1137, 957 N.Y.S.2d 389).
The mother's remaining contention is without merit. RIVERA, J.P., BALKIN, MILLER and HINDS–RADIX, JJ., concur.