SUSAN RESPONDENT APPELLANT v. << (2011)

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

PETITIONER-RESPONDENT; SUSAN S.G., RESPONDENT-APPELLANT.

CAF 10-00390

Decided: February 10, 2011

PRESENT: SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ.

ALAN BIRNHOLZ, EAST AMHERST, FOR RESPONDENT-APPELLANT. JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT.

MEMORANDUM AND ORDER

DAVID C. SCHOPP, ATTORNEY FOR THE CHILD, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR VONDAJIA P.G.

JENNIFER M. LORENZ, ATTORNEY FOR THE CHILDREN, LANCASTER, FOR TONAJIA L.L.G., CIERRA C.C. AND PRECIOUS G.K.

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 four of her children. Contrary to the contentions of the mother and the Attorney for the Child on behalf of Vondajia P.G., Family Court did not abuse its discretion in refusing to issue a suspended judgment. The record supports the court's determination that a suspended judgment, i.e., “a brief grace period designed to prepare the parent to be reunited with the child[ren]” (Matter of Michael B., 80 N.Y.2d 299, 311), was not in the children's best interests (see generally Matter of Shadazia W., 52 AD3d 1330, lv denied 11 NY3d 706; Matter of Da'Nasjeion T., 32 AD3d 1242).

Patricia L. Morgan

Clerk of the Court

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