Alexandra S., also known as Alexandra P., Respondent-Appellant. v. <<

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

Matter of MICHAEL S., Terence R., and Donavan R. Niagara County Department of Social Services, Petitioner-Respondent; Alexandra S., also known as Alexandra P., Respondent-Appellant.

Decided: April 30, 2004

PRESENT:  GREEN, J.P., PINE, KEHOE, GORSKI, AND HAYES, JJ. Kathleen E. Casey, Middleport, for Respondent-Appellant. Thomas W. Scirto, Lockport, for Petitioner-Respondent.

Petitioner established by a preponderance of the evidence that respondent failed to comply with the terms and conditions set forth in the order of suspended judgment, and thus Family Court properly revoked that order and terminated respondent's parental rights (see Matter of Michael B., 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122;  Matter of Jennifer T., 224 A.D.2d 843, 843-844, 638 N.Y.S.2d 219;  Matter of Grace Q., 200 A.D.2d 894, 895, 607 N.Y.S.2d 457).   The evidence adduced at the hearing establishes that, contrary to the conditions of that order, respondent failed to enroll herself and the children in recommended counseling;  failed to maintain financial stability, which resulted in her eviction from her apartment;  allowed her boyfriend to reside with her and the children without petitioner's permission;  and facilitated contact between her son Michael and his father, whose parental rights had been terminated.   Thus, we conclude that the court properly terminated respondent's parental rights (see Matter of Orange County Dept. of Social Servs. v. Lisa Sue C., 220 A.D.2d 511, 632 N.Y.S.2d 197).

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