IN RE: DENNIS A. And Janet A. (2009)

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

IN RE: DENNIS A. And Janet A. Wyoming County Department of Social Services, Petitioner-Respondent; Michelle A., Respondent-Appellant.

Decided: July 02, 2009

PRESENT: MARTOCHE, J.P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.

Norman P. Effman, Public Defender, Warsaw (Edward L. Chassin of Counsel), for Respondent-Appellant. Eric T. Dadd, County Attorney, Warsaw (Jamie B. Welch Of Counsel), for Petitioner-Respondent. Teresa Kowalczyk, Law Guardian, Warsaw, for Dennis A. and Janet A.

On appeal from an order revoking a suspended judgment and terminating her parental rights with respect to two of her children, respondent mother contends that Family Court erred in determining that she violated the terms of the suspended judgment. We reject that contention. Indeed, petitioner established by a preponderance of the evidence that the mother violated various terms and conditions of the suspended judgment (see Matter of Aaron S., 15 A.D.3d 585, 790 N.Y.S.2d 208). Although each violation, viewed separately, may have been trivial, the violations as a whole, taken together with the mother's history, demonstrate “a lack of commitment and inability to make any significant progress in developing a meaningful parental relationship with the child[ren]” (Matter of Christian Lee R., 38 A.D.3d 235, 236, 831 N.Y.S.2d 153, lv. denied 8 N.Y.3d 813, 836 N.Y.S.2d 552, 868 N.E.2d 235).

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

MEMORANDUM:

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