Deborah L., Respondent–Appellant. v. << (2000)

 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, 607 N.Y.S.2d 457).   Because that hearing “was part of the dispositional phase of this proceeding” (Matter of Grace Q., supra, at 895, 607 N.Y.S.2d 457), hearsay evidence was admissible (see, Family Ct. Act § 624;  Matter of Nicole Lee B., 256 A.D.2d 1103, 685 N.Y.S.2d 162;  see also, Matter of Demetrius X., 228 A.D.2d 804, 644 N.Y.S.2d 112;  cf., Matter of Cynthia C., 234 A.D.2d 929, 651 N.Y.S.2d 836).   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.

Order unanimously affirmed without costs.

MEMORANDUM: