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In the Matter of Elizabeth J.

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


September 30, 2011

IN THE MATTER OF ELIZABETH J.
ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES,
PETITIONER-RESPONDENT;AND JOCELYN J., RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Oneida County (James R. Griffith, J.), entered March 22, 2010 in a proceeding pursuant to Social Services Law § 384-b.

Matter of Elizabeth J. v Jocelyn J.

Decided on September 30, 2011

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.

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GREEN, JJ.

The order terminated the parental rights of respondent.

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

Memorandum: Respondent mother appeals from an order revoking a suspended judgment and terminating her parental rights with respect to her daughter. Contrary to the mother's contention, petitioner established by a preponderance of the evidence that she violated the terms of the suspended judgment (see Matter of Janasia H., 71 AD3d 1524, lv denied 15 NY3d 701). In addition, Family Court properly concluded that termination of the mother's parental rights was in the child's best interests inasmuch as the foster family had expressed a desire to adopt the child, the mother was incarcerated and the suspended judgment expired more than two years prior to her earliest release date (see Matter of Saboor C., 303 AD2d 1022). The court also properly determined that the mother failed to establish that it was in the child's best interests to have post-termination visitation with her (see Matter of Sean H., 74 AD3d 1837, lv denied 15 NY3d 708).

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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