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IN RE: MICHAEL PHILLIP T. (Anonymous), a/k/a Michael T. (Anonymous). Administration for Children's Services, et al., respondents; Laura T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Marguerite Juanita T. (Anonymous), a/k/a Marguerite T. (Anonymous). Administration for Children's Services, et al., respondents; Laura T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Elizabeth Ashley Paulette T. (Anonymous), a/k/a Elizabeth T. (Anonymous). Administration for Children's Services, et al., respondents; Laura T. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Gabriel Herbert T. (Anonymous), a/k/a Gabriel H. (Anonymous), a/k/a Gabriel T. (Anonymous). Administration for Children's Services, et al., respondents; Laura T. (Anonymous), appellant. (Proceeding No. 4).
In four related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from four orders of disposition of the Family Court, Kings County (Lim, J.) (one as to each child), each dated July 12, 2006, which, after a hearing, determined that she failed to comply with the terms and conditions of an “order of suspended judgment, disposition, adjudication, findings of fact, and conclusions of law” of the same court dated March 1, 2005, and, after a dispositional hearing, terminated her parental rights, and transferred guardianship and custody of the subject children to the Commissioner of Social Services of the City of New York and Little Flower Children and Family Services of New York, for the purpose of adoption.
ORDERED that the orders of disposition are affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly admitted hearsay evidence at the violation and dispositional hearings (see Family Ct. Act § 624; Matter of Jamaal DeQuan M., 24 A.D.3d 667, 808 N.Y.S.2d 384; Matter of N.R.W., 16 A.D.3d 1099, 1100, 792 N.Y.S.2d 752; Matter of Veronica W., 289 A.D.2d 1055, 1056, 735 N.Y.S.2d 848; Matter of Robert T., 270 A.D.2d 961, 704 N.Y.S.2d 436).
The petitioner satisfied its burden of proving, by a preponderance of the evidence (see e.g. Matter of Ricky Joseph V., 24 A.D.3d 683, 684, 808 N.Y.S.2d 320), that the mother had violated the terms and conditions of a suspended judgment by being discharged from a drug rehabilitation program and continuing to use illicit substances (see Matter of Eric Jule C., 39 A.D.3d 346, 834 N.Y.S.2d 525; Matter of Edward GG., 35 A.D.3d 1144, 1145, 826 N.Y.S.2d 824; Matter of Vanessa R., 249 A.D.2d 27, 671 N.Y.S.2d 232; Matter of Grace Q., 208 A.D.2d 976, 977, 617 N.Y.S.2d 392). Moreover, the record supports the Family Court's determination that termination of the mother's parental rights was in the best interests of the children (see Matter of Jennifer R., 29 A.D.3d 1005, 1007, 817 N.Y.S.2d 309; Matter of Arnold M., 12 A.D.3d 677, 678-679, 785 N.Y.S.2d 504; Matter of Grace Q., 200 A.D.2d 894, 895-896, 607 N.Y.S.2d 457).
The mother's remaining contentions either are not properly before this court, have been rendered academic in light of our determination, or are without merit.
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Decided: October 30, 2007
Court: Supreme Court, Appellate Division, Second Department, New York.
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