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Anthony E. v. Sharon E.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

IN THE MATTER OF ANTHONY E. AND TAMMY E. -- HERKIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT;
v.
SHARON E., RESPONDENT-APPELLANT, ET AL., RESPONDENT.

Appeal from an order of the Family Court, Herkimer County (Henry A. LaRaia, J.), entered February 29, 2008 in a proceeding pursuant to Social Services Law § 384-b. The order, insofar as appealed from, terminated the parental rights of respondent Sharon E. with respect to Anthony E. and Tammy E. upon a finding that she permanently neglected them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, GREEN, AND GORSKI, JJ.

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

Memorandum

Respondent mother appeals from an order that, inter alia, terminated her parental rights with respect to the children at issue in this proceeding upon a finding that she permanently neglected them. Contrary to the contention of the mother, Family Court did not abuse its discretion in refusing to enter a suspended judgment with respect to her daughter Tammy E. (see Matter of Ty'Keith R., 45 AD3d 1397, lv denied 10 NY3d 701; Matter of Susan C., 1 AD3d 991; Matter of Jason J., 283 AD2d 982). The record establishes that the mother has no meaningful relationship with that child and that the child in fact expressed a "clear preference not to be reunited with [the] mother." Thus, the court properly determined that termination of the parental rights of the mother was in the best interests of that child (Matter of Dabari S., 29 AD3d 593, 594, lv denied 7 NY3d 706; see Matter of Lenny R., 22 AD3d 240, lv denied 6 NY3d 708; Jason J., 283 AD2d 982).

20090206

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