Patricia B., Appellant. v. << (1998)

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

Matter of SONNY H. B., Patsy R. B. and Densel L. B. Erie County Department of Social Services, Respondent; Patricia B., Appellant.

Decided: April 29, 1998

Before DENMAN, P.J., and GREEN, WISNER, PIGOTT and FALLON, JJ.

Salvatore T. Sanfilippo, Williamsville, for Respondent-Appellant. Erie County Department of Social Services (Richard S. Usen, of counsel), Buffalo, for Petitioner-Respondent Erie Co. DSS. Legal Aid Bureau of Buffalo by Charles Halvorsen, Buffalo, for Law Guardian.

We reject the contention of respondent that Family Court should have suspended judgment when it terminated her parental rights. A suspended judgment “is a brief grace period designed to prepare the parent to be reunited with the child (Family Ct. Act § 633)” and may be granted “where the court determines it is in the child's best interests (Family Ct. Act § 631)” (Matter of Michael B. [Marvin B.], 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122). The record establishes that a suspended judgment in this case would not be in the best interests of the children. Rather, the record establishes that respondent has ongoing problems with substance abuse and domestic violence and continues to deny that she has such problems, and it establishes that her visits with her children have been inconsistent and unsuccessful.

Order unanimously affirmed without costs.

MEMORANDUM:

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