| Matter of Kendra C.R. (Charles R.) |
| 2009 NY Slip Op 09062 [68 AD3d 467] |
| December 8, 2009 |
| Appellate Division, First Department |
| In the Matter of Kendra C.R., a Child Alleged to be PermanentlyNeglected. Charles R., Appellant; Abbott House Family Services, Inc.,Respondent. |
—[*1]Law Office of Florian Miedel, New York (Florian Miedel of counsel), for appellant.
Law Office of Jeremiah Quinlan, Hastings-on-Hudson (Daniel Gartenstein of counsel), forrespondent.
Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on orabout February 29, 2008, which revoked a suspended judgment entered on a finding ofpermanent neglect, terminated respondent father's parental rights to the child and committed thechild's custody to the Commissioner of Social Services and the petitioning agency for thepurpose of adoption, unanimously affirmed, without costs. Purported appeal from oral ruling,same court and Judge, on November 21, 2007, which terminated parental and visitation rights,unanimously dismissed, without costs, as nonappealable, and, in any event, as subsumed in theappeal from the order of disposition.
On March 4, 2005, respondent admitted having permanently neglected the child andconsented to entry of a suspended judgment. The preponderance of the evidence in the latestproceedings clearly established that respondent materially violated the terms of that suspendedjudgment. His admitted drug use during the period in question was sufficient to warrantrevocation of the suspension (seeMatter of Angel P., 44 AD3d 448 [2007]; Matter of Tiffany R., 7 AD3d 297 [2004]). Drug abuse is a majorobstacle to unification with a child, and was compounded in this case by respondent's convictionfor sale of a controlled substance. His failure to secure housing was also a material violation ofthe terms of the suspended judgment, and constituted independent grounds for revocation (see Matter of Fynn S., 56 AD3d959, 961 [2008]; Matter ofFrederick MM., 23 AD3d 951, 953 [2005]).
The court may terminate parental rights after a finding of noncompliance with a suspendedjudgment (see Matter of Jennifer VV., 241 AD2d 622 [1997]). At the time of thedispositional hearing, more than 2½ years after respondent's consent to the suspendedjudgment, he still was not ready to take care of the child. His proposed solution of having thepaternal grandmother take temporary custody ignored her own medical needs and her reluctanceto take on that role, as well as the child's preference for adoption by the foster mother. In light ofthese [*2]circumstances, the court properly found the child's bestinterests called for transfer of her custody and guardianship to the agency (see Family CtAct § 631; Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]; Matter ofTravis Devon B., 295 AD2d 205 [2002]).
Motion seeking leave to supplement record and other related relief denied.Concur—Friedman, J.P., McGuire, Renwick, Richter and Manzanet-Daniels, JJ.