In re Amanda M.

Appellate Division of the Supreme Court of New York

In re Amanda M.

140 A.D.3d 1677, 32 N.Y.S.3d 533

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 10, 2016

StatusPublished

This text of 140 A.D.3d 1677 (In re Amanda M.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Amanda M., 140 A.D.3d 1677, 32 N.Y.S.3d 533 (N.Y. Ct. App. 2016).

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Opinion

[1678]*1678Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 16, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order revoked a suspended judgment and terminated respondent’s parental rights.

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

Memorandum: Respondent father appeals from an order by which Family Court, inter alia, revoked a suspended judgment entered upon the father’s admission that he had abandoned the four children and terminated his parental rights. It is well established that, “[i]f the court determines 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 Ronald O., 43 AD3d 1351, 1352 [2007]). Here, there is a sound and substantial basis in the record to support the court’s determination that the father failed to comply with the terms of the suspended judgment and that it is in the children’s best interests to terminate his parental rights (see Matter of Ramel H. [Tenese T.], 134 AD3d 1590, 1592 [2015]; Matter of Savanna G. [Danyelle M.], 118 AD3d 1482, 1483 [2014]).

Present— Centra, J.P., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.

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[1678]*1678Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 16, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order revoked a suspended judgment and terminated respondent’s parental rights.

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

Memorandum: Respondent father appeals from an order by which Family Court, inter alia, revoked a suspended judgment entered upon the father’s admission that he had abandoned the four children and terminated his parental rights. It is well established that, “[i]f the court determines 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 Ronald O., 43 AD3d 1351, 1352 [2007]). Here, there is a sound and substantial basis in the record to support the court’s determination that the father failed to comply with the terms of the suspended judgment and that it is in the children’s best interests to terminate his parental rights (see Matter of Ramel H. [Tenese T.], 134 AD3d 1590, 1592 [2015]; Matter of Savanna G. [Danyelle M.], 118 AD3d 1482, 1483 [2014]).

Present— Centra, J.P., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.

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140 A.D.3d 1677, 32 N.Y.S.3d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amanda-m-nyappdiv-2016.

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