Opinion
(1727.2) CAF 00-01796
December 21, 2001.
(Appeal from Order of Oneida County Family Court, McGuire, J. — Terminate Parental Rights.)
PRESENT: GREEN, J.P., KEHOE, BURNS, GORSKI AND LAWTON, JJ.
Order unanimously affirmed without costs. Memorandum:
Respondent mother appeals from an order finding that she violated various terms and conditions of a suspended judgment and terminating her parental rights on the ground of permanent neglect. Contrary to respondent's contention, hearsay is admissible at a violation hearing, which is part of the dispositional phase of the proceeding ( see, Matter of Robert T., 270 A.D.2d 961, lv denied 95 N.Y.2d 758; Matter of Nicole Lee B., 256 A.D.2d 1103; Matter of Grace Q., 200 A.D.2d 894 -895; see also, Family Ct Act § 624). In any event, even without consideration of that hearsay evidence, we conclude that petitioner established by a preponderance of the evidence that respondent violated various terms and conditions of the suspended judgment ( see, Matter of Gordon M., 281 A.D.2d 920, lv denied 96 N.Y.2d 717; Matter of Ashley M. [appeal No. 1] , 278 A.D.2d 892, lv denied 96 N.Y.2d 710; Matter of Robert T., supra, at 961-962).