Opinion
March 29, 2000.
Appeal from Order of Erie County Family Court, Rosa, J. — Terminate Parental Rights.
PRESENT: PINE, J. P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order revoking a suspended judgment of permanent neglect, terminating her parental rights and transferring custody of five of her children to petitioner. Contrary to the contention of respondent, Family Court's finding after a hearing that she violated the conditions of the suspended judgment is supported by a preponderance of the evidence ( see, Matter of Grace Q ., 200 A.D.2d 894, 895 ). Because that hearing "was part of the dispositional phase of this proceeding" ( Matter of Grace Q., supra, at 895), hearsay evidence was admissible ( see, Family Ct Act § 624; Matter of Nicole Lee B ., 256 A.D.2d 1103 ; see also, Matter of Demetrius X ., 228 A.D.2d 804 ; cf., Matter of Cynthia ., 234 A.D.2d 929 ). Even without consideration of the hearsay evidence, petitioner established that respondent violated the conditions of the suspended judgment by refusing to provide a urine sample on July 8, 1997 and by failing to abide by an order of protection banning the children's father from the home.