IN RE: EMMERAN M. (2009)

On appeal from an order of disposition that, inter alia, terminated his parental rights, respondent father contends that Family Court abused its discretion in refusing to issue a suspended judgment. We reject that contention. Petitioner established that, over the course of more than a year and six months, the father made little to no effort to visit the child and that, during visitation, he made minimal efforts to interact with the child (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; Matter of Jason J., 283 A.D.2d 982, 723 N.Y.S.2d 922). Petitioner further established that the father failed to complete a court-ordered substance abuse treatment program or to attend court-ordered domestic violence counseling (see Matter of Melissa DD., 45 A.D.3d 1219, 1221, 846 N.Y.S.2d 475, lv denied 10 N.Y.3d 701, 853 N.Y.S.2d 542, 883 N.E.2d 369). We thus conclude that the court properly determined that a suspended judgment would not serve the best interests of the child (see Matter of Ada M.R., 306 A.D.2d 920, 921, 760 N.Y.S.2d 802, lv denied 100 N.Y.2d 509, 766 N.Y.S.2d 162, 798 N.E.2d 346; see generally Matter of Michael B., 80 N.Y.2d 299, 310-311, 590 N.Y.S.2d 60, 604 N.E.2d 122).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: