In re Brent H.

Appellate Division of the Supreme Court of New York

In re Brent H.

34 A.D.3d 1367, 823 N.Y.S.2d 740

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

DecidedNovember 17, 2006

StatusPublished

Cited by1 cases

This text of 34 A.D.3d 1367 (In re Brent H.) 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 Brent H., 34 A.D.3d 1367, 823 N.Y.S.2d 740 (N.Y. Ct. App. 2006).

Pincite

Opinion

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered April 3, 2006 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, revoked a suspended judgment and terminated respondent’s parental rights.

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

Memorandum: Respondent appeals from an order revoking a suspended judgment, terminating his parental rights, and transferring custody and guardianship of his three children to petitioner. “Family Court’s finding following an evidentiary hearing that respondent failed to comply with certain conditions of the suspended judgment is supported by a preponderance of the evidence” (Matter of Krystal M., 4 AD3d 764, 764 [2004]; see Matter of Rebecca F., 286 AD2d 985, 986 [2001]). [1368]*1368The court’s revocation of the suspended judgment therefore was not an improvident exercise of discretion (see Krystal M., 4 AD3d 764 [2004]; Rebecca F., 286 AD2d at 986; Matter of La’Quan De’Vota H., 259 AD2d 486, 487 [1999]). Present—Scudder, J.E, Kehoe, Gorski, Smith and Fine, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered April 3, 2006 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, revoked a suspended judgment and terminated respondent’s parental rights.

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

Memorandum: Respondent appeals from an order revoking a suspended judgment, terminating his parental rights, and transferring custody and guardianship of his three children to petitioner. “Family Court’s finding following an evidentiary hearing that respondent failed to comply with certain conditions of the suspended judgment is supported by a preponderance of the evidence” (Matter of Krystal M., 4 AD3d 764, 764 [2004]; see Matter of Rebecca F., 286 AD2d 985, 986 [2001]). [1368]*1368The court’s revocation of the suspended judgment therefore was not an improvident exercise of discretion (see Krystal M., 4 AD3d 764 [2004]; Rebecca F., 286 AD2d at 986; Matter of La’Quan De’Vota H., 259 AD2d 486, 487 [1999]). Present—Scudder, J.E, Kehoe, Gorski, Smith and Fine, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

34 A.D.3d 1367, 823 N.Y.S.2d 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brent-h-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack