Matter of Marqekah Lillius B.
2009 NY Slip Op 05331 [63 AD3d 1057]
June 23, 2009
Appellate Division, Second Department
As corrected through Wednesday, August 5, 2009


In the Matter of Marqekah Lillius B., an Infant. St. Vincent'sServices, Respondent; Susan Gloria B., Appellant.

[*1]Kenneth M. Tuccillo, Hastings-On-Hudson, N.Y., for appellant.

Magovern & Sclafani, New York, N.Y. (Marion C. Perry and Frederick J. Magovern ofcounsel), for respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Raymond E. Rogers of counsel),attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of severe abuse, the mother appeals from an order of fact-finding and dispositionof the Family Court, Kings County (Hamill, J.), dated February 27, 2008, which, upon an orderof the same court dated July 12, 2007, granting the petitioner's motion for summary judgment onthe issue of whether the mother severely abused Marqekah B., and after a dispositional hearing,terminated her parental rights and transferred custody and guardianship of the subject child to thepetitioner and the Commissioner of Social Services of the City of New York for the purpose ofadoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.

Contrary to the contention of the appellant mother, the Family Court providently exercisedits discretion in declining to issue a suspended judgment, as the evidence adduced at thedispositional hearing established that it would be in the subject child's best interest to be freedfor adoption by her foster mother (see Matter of Star Leslie W., 63 NY2d 136, 147-148[1984]; Matter of Amy B., 37 AD3d 600, 601 [2007]; Matter of Liam Francis P.,26 AD3d 385, 386 [2006]; Matter of Avery Curtis Foster Joe D., 306 AD2d 276, 278[2003]).

To the extent that the mother purports to appeal from the denial of a motion to vacate anadmission, her contention is not properly before this Court.

The mother's remaining contentions are without merit. Mastro, J.P., Fisher, Eng and Hall, JJ.,concur.


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