PETITIONER RESPONDENT VALERIE RESPONDENT APPELLANT v. << (2010)

MEMORANDUM AND ORDER

DEETZA G. BENNO, LAW GUARDIAN, BATH, FOR ANDREA E.

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

Memorandum:  Respondent mother appeals from an order terminating her parental rights with respect to her daughter based on a finding of permanent neglect and freeing her daughter for adoption.   The mother failed to preserve for our review her contention that Family Court should have entered a suspended judgment (see Matter of Charles B., 46 AD3d 1430, 1431, lv denied 10 NY3d 705) and, in any event, that contention lacks merit.  “[T]he record supports the court's determination that any progress made by the [mother] ‘was not sufficient to warrant any further prolongation of the child's unsettled familial status' “ (Matter of Tiara B., 70 AD3d 1307, 1308).   Furthermore, “the mother did not ask the court to consider post-termination contact with the child[ ] in question or to conduct a hearing on that issue, and we conclude in any event that she ‘failed to establish that such contact would be in the best interests of the child[ ]’ “ (Matter of Christopher J., 60 AD3d 1402, 1403).

Patricia L. Morgan

Clerk of the Court