Children's Aid Soc'yv.Karlene N. D. (In re Kafayat N. D.)

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentJul 10, 2019
2018-02276 (N.Y. App. Div. 2019)
2018-022762019 N.Y. Slip Op. 5528

2018-02276

07-10-2019

In the Matter of Kafayat N. D. (Anonymous). Children's Aid Society, petitioner-respondent; v. Karlene N. D. (Anonymous), appellant, et al., respondent.

Deana Balahtsis, New York, NY, for appellant. Rosin Steinhagen Mendel, PLLC, New York, NY (John Cappiello of counsel), for petitioner-respondent. Jennifer Marshall, Brooklyn, NY, attorney for the child.


JOSEPH J. MALTESE BETSY BARROS FRANCESCA E. CONNOLLY, JJ. (Docket No. B-7551-14)

Deana Balahtsis, New York, NY, for appellant.

Rosin Steinhagen Mendel, PLLC, New York, NY (John Cappiello of counsel), for petitioner-respondent.

Jennifer Marshall, Brooklyn, NY, attorney for the child.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Kings County (Lillian Wan, J.), dated December 4, 2017. The order of disposition, insofar as appealed from, after a hearing, revoked a suspended judgment of the same court (Alan Beckoff, J.), dated June 1, 2016, terminated the mother's parental rights, and freed the subject child for adoption.

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

In 2014, the petitioner commenced this proceeding pursuant to Social Services Law § 384-b to terminate the mother's parental rights with respect to the subject child on the ground of permanent neglect. After a hearing, the Family Court found that the mother permanently neglected the child, and issued a suspended judgment upon certain conditions for a period of one year.

The petitioner subsequently alleged that the mother had violated multiple conditions, and sought revocation of the suspended judgment and termination of the mother's parental rights. After a hearing, the Family Court found that the mother failed to comply with multiple conditions and that termination of the mother's parental rights was in the best interests of the child. By order of disposition dated December 4, 2017, the court, inter alia, revoked the suspended judgment, terminated the mother's parental rights, and freed the child for adoption. The mother appeals.

The Family Court may revoke a suspended judgment after a violation hearing if it finds, upon a preponderance of evidence, that the parent failed to comply with one or more of its conditions (see Matter of Selena L. [Susan B.L.], 140 AD3d 769, 770). Here, we agree with the court's finding, by a preponderance of the evidence, that the mother failed to comply with multiple conditions set forth in the suspended judgment (see id.; Matter of Mashlai D.M. [Jalisa R.D.], 110 AD3d 813, 814; Matter of Chanteau M.R.W. [Pamela R.B.], 101 AD3d 1129, 1129; Matter of Carmen C. [Margarita N.], 95 AD3d 1006, 1008). Thus, we agree with the court's determination to revoke the suspended judgment.

Additionally, the evidence supported the Family Court's determination that it was in the best interests of the child to terminate the mother's parental rights and free the child for adoption (see Family Ct Act § 631; Matter of Mashlai D.M. [Jalisa R.D.], 110 AD3d at 814; Matter of Chanteau M.R.W. [Pamela R.B.], 101 AD3d at 1129).

The mother's remaining contention is without merit.

LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino Clerk of the Court