In re Veronica W.

Appellate Division of the Supreme Court of New York

In re Veronica W.

289 A.D.2d 1055, 735 N.Y.S.2d 848, 2001 N.Y. App. Div. LEXIS 13190

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

DecidedDecember 21, 2001

StatusPublished

Cited by2 cases

This text of 289 A.D.2d 1055 (In re Veronica W.) 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 Veronica W., 289 A.D.2d 1055, 735 N.Y.S.2d 848, 2001 N.Y. App. Div. LEXIS 13190 (N.Y. Ct. App. 2001).

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Opinion

Order unanimously affirmed without costs. Memorandum: Respondent mother appeals from an order finding that she violated various terms and conditions of a suspended judgment and terminating her parental rights on the ground of permanent neglect. Contrary to respondent’s contention, hearsay is admissible at a violation hearing, which is part of the dispositional phase of the proceeding (see, Matter of Robert T., 270 AD2d 961, lv denied 95 NY2d 758; Matter of Nicole Lee B., 256 AD2d 1103; Matter of Grace Q., 200 AD2d 894-895; see also, Family Ct Act § 624). In any event, even without consideration of that hearsay evidence, we conclude that petitioner established by a preponderance of the evidence that respondent violated various terms and conditions of the suspended judgment (see, Matter of Gordon M., 281 AD2d 920, lv denied 96 NY2d 717; Matter of Ashley M. [appeal No. 1], 278 AD2d 892, lv denied 96 NY2d 710; Matter of Robert T., supra, at 961-962). (Appeal from Order of Oneida County Family Court, McGuire, J. — Terminate Parental Rights.) Present — Green, J. P., Kehoe, Burns, Gorski and Lawton, JJ.

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Order unanimously affirmed without costs. Memorandum: Respondent mother appeals from an order finding that she violated various terms and conditions of a suspended judgment and terminating her parental rights on the ground of permanent neglect. Contrary to respondent’s contention, hearsay is admissible at a violation hearing, which is part of the dispositional phase of the proceeding (see, Matter of Robert T., 270 AD2d 961, lv denied 95 NY2d 758; Matter of Nicole Lee B., 256 AD2d 1103; Matter of Grace Q., 200 AD2d 894-895; see also, Family Ct Act § 624). In any event, even without consideration of that hearsay evidence, we conclude that petitioner established by a preponderance of the evidence that respondent violated various terms and conditions of the suspended judgment (see, Matter of Gordon M., 281 AD2d 920, lv denied 96 NY2d 717; Matter of Ashley M. [appeal No. 1], 278 AD2d 892, lv denied 96 NY2d 710; Matter of Robert T., supra, at 961-962). (Appeal from Order of Oneida County Family Court, McGuire, J. — Terminate Parental Rights.) Present — Green, J. P., Kehoe, Burns, Gorski and Lawton, JJ.

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Bluebook (online)

289 A.D.2d 1055, 735 N.Y.S.2d 848, 2001 N.Y. App. Div. LEXIS 13190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-veronica-w-nyappdiv-2001.

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