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IN RE: ANTHONY E. and Tammy E. Herkimer County Department of Social Services, Petitioner-Respondent; Sharon E., Respondent-Appellant, et al., Respondent.
Respondent mother appeals from an order that, inter alia, terminated her parental rights with respect to the children at issue in this proceeding upon a finding that she permanently neglected them. Contrary to the contention of the mother, Family Court did not abuse its discretion in refusing to enter a suspended judgment with respect to her daughter Tammy E. (see Matter of Ty'Keith R., 45 A.D.3d 1397, 846 N.Y.S.2d 489, lv. denied 10 N.Y.3d 701, 853 N.Y.S.2d 543, 883 N.E.2d 370; Matter of Susan C., 1 A.D.3d 991, 767 N.Y.S.2d 346; Matter of Jason J., 283 A.D.2d 982, 723 N.Y.S.2d 922). The record establishes that the mother has no meaningful relationship with that child and that the child in fact expressed a “clear preference not to be reunited with [the] mother.” Thus, the court properly determined that termination of the parental rights of the mother was in the best interests of that child (Matter of Dabari S., 29 A.D.3d 593, 594, 818 N.Y.S.2d 91, lv. denied 7 N.Y.3d 706, 837 N.Y.S.2d 1, 868 N.E.2d 662; see Matter of Lenny R., 22 A.D.3d 240, 802 N.Y.S.2d 37, lv. denied 6 N.Y.3d 708, 812 N.Y.S.2d 443, 845 N.E.2d 1274; Jason J., 283 A.D.2d 982, 723 N.Y.S.2d 922).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
MEMORANDUM:
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Decided: February 06, 2009
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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