IN RE: ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES (2007)

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

IN RE: ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner-Respondent, v. ANTHONY P., SR., Respondent, Jennifer M., Respondent-Appellant. (Appeal No. 1.)

Decided: November 09, 2007

PRESENT: SCUDDER, P.J., GORSKI, CENTRA, FAHEY, AND GREEN, JJ.

Alan Birnholz, East Amherst, for Respondent-Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner-Respondent. Kenneth W. Gibbons, Law Guardian, Buffalo, for Anthony P.

Contrary to the contention of respondent mother, Family Court properly revoked the suspended judgment that was entered upon a finding of permanent neglect and, inter alia, terminated the parental rights of respondents with respect to their child. The record establishes that the child has severe disabilities and that the mother receives disability income because of “emotional disabilities.” Although the mother attempted to comply with “ the literal terms and conditions of the suspended judgment,” the record establishes that she was unable to overcome the specific problems that led to the removal of the child from her home (Matter of Mercedes L., 12 A.D.3d 1184, 1185, 785 N.Y.S.2d 267; see generally Matter of Ronald O., 43 A.D.3d 1351, 842 N.Y.S.2d 801). We therefore conclude that the court properly determined that it is in the best interests of the child to terminate the mother's parental rights.

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

MEMORANDUM:

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