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In the Matter of Keyon M., Aarionna M., Hiram S., and Lestariyah A. v. Kenyetta M.

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


June 10, 2011

IN THE MATTER OF KEYON M., AARIONNA M., HIRAM S., AND LESTARIYAH A. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,
PETITIONER-RESPONDENT;
v.
KENYETTA M., RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Monroe County (John J. Rivoli, J.), entered April 15, 2010 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated respondent's parental rights.

Matter of Keyon M. v Kenyetta M.

Appellate Division, Fourth Department 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.

Decided on June 10, 2011

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, 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, revoked a suspended judgment and terminated her parental rights with respect to the minor children who are the subject of this proceeding. Contrary to the mother's contention, "[a] hearing on a petition alleging the violation of a suspended judgment is part of the dispositional phase of a permanent neglect proceeding," and thus Family Court properly permitted petitioner to introduce evidence at the hearing concerning the children's best interests (Matter of Saboor C., 303 AD2d 1022, 1023; see Matter of Christopher J., 60 AD3d 1402; Matter of Seandell L., 57 AD3d 1511, lv denied 12 NY3d 708). "If [petitioner] establishes by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, the court may revoke the suspended judgment and terminate parental rights' " (Matter of Shad S., 67 AD3d 1359, 1360; see Family Ct Act § 633 [f]; Matter of Terrance M., 75 AD3d 1147, 1147-1148). Here, contrary to the further contention of the mother, a preponderance of the evidence supports the court's determination that she violated numerous terms of the suspended judgment and that it is in the children's best interests to terminate her parental rights (see Terrance M., 75 AD3d at 1148).

Entered: June 10, 2011

Patricia L.Morgan Clerk of the Court

20110610

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