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IN RE: RICKY JOSEPH V. (Anonymous), a/k/a Ricky J. (Anonymous). Saint Dominic's Home, et al., respondents; Luis Antonio V. (Anonymous), appellant.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of disposition of the Family Court, Kings County (Freeman, J.), dated August 20, 2004, which, upon granting the motion of the petitioner Saint Dominic's Home, after a hearing, for a determination that he violated the terms of a suspended judgment of the same court dated October 27, 2001, and after a dispositional hearing, terminated his parental rights and transferred custody and guardianship of the subject child to the petitioners Saint Dominic's Home and the Commissioner of Social Services of the City of New York for the purpose of adoption.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The Family Court may revoke a suspended judgment after a violation hearing if it finds, upon a preponderance of the evidence, that the parent failed to comply with one or more of its conditions (see Matter of Aaron S., 15 A.D.3d 585, 790 N.Y.S.2d 208; Matter of Judith D., 307 A.D.2d 311, 762 N.Y.S.2d 813). Evidence at the violation hearing established that the father failed to satisfy a condition of the suspended judgment during the one-year term (see Matter of Onelio Olvein Elijah Vidal Ondalis Santiago C., 13 A.D.3d 95, 785 N.Y.S.2d 453; Matter of Terry L.G., 6 A.D.3d 1144, 776 N.Y.S.2d 429; see also Matter of Star Leslie W., 63 N.Y.2d 136, 143, 481 N.Y.S.2d 26, 470 N.E.2d 824). Contrary to the father's contention, the Family Court providently exercised its discretion in declining to extend the suspended judgment for an additional year (see Family Ct. Act § 633[b]; Matter of Onelio Olvein Elijah Vidal Ondalis Santiago C., supra ).
The evidence adduced at the dispositional hearing supported the Family Court's finding that termination of the father's parental rights was in the best interests of the child (see Social Services Law § 384-b[1][b], [4][d]; Family Ct. Act § 631; Matter of Michael B., 80 N.Y.2d 299, 590 N.Y.S.2d 60, 604 N.E.2d 122; Matter of Star Leslie W., supra at 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Tiffany A., 242 A.D.2d 709, 662 N.Y.S.2d 796).
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Decided: December 19, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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