Belinda H., Appellant. v. << (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of MELINDA B., Ro B. and Gennetta B. Onondaga County Department of Social Services, Respondent; Belinda H., Appellant.

Decided: February 10, 1999

PRESENT: GREEN, J.P., PINE, WISNER, PIGOTT, Jr., and BALIO, JJ.

Hiscock Legal Aid Society by Robert Rickert, Syracuse, for Respondent-Appellant. Onondaga County Department of Law (Carol Rhinehart, of counsel), Syracuse, for Petitioner-Respondent. Candace Belge, Liverpool, for Law Guardian.

We reject the contention of respondent that Family Court erred in dismissing the petition to vacate the order terminating her parental rights or, in the alternative, to extend the period of suspension, without making a determination concerning the best interests of the children. In issuing the order of fact-finding and disposition suspending judgment, the court determined that it would be in the children's best interests to terminate respondent's parental rights unless respondent overcame the deficiencies that required placement of the children in foster care. The court was not required to conduct a further dispositional hearing on the issue of the children's best interests before terminating respondent's parental rights for failing to comply with the terms of that judgment (see, Matter of Grace Q., 200 A.D.2d 894, 896, 607 N.Y.S.2d 457; Matter of Patricia O., 175 A.D.2d 870, 573 N.Y.S.2d 716).

Order unanimously affirmed without costs.

MEMORANDUM:

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