| Matter of Janasia H. (Ebony H.) |
| 2010 NY Slip Op 02353 [71 AD3d 1524] |
| March 19, 2010 |
| Appellate Division, Fourth Department |
| In the Matter of Janasia H. and Others. Erie County Department ofSocial Services, Respondent; Ebony H., Appellant. |
—[*1] Joseph T. Jarzembek, Buffalo, for petitioner-respondent. David C. Schopp, Law Guardian, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D.Halvorsen of counsel), for Janasia H., Justin H., Jayshun H., Joshua H. and Jayla H.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), enteredFebruary 27, 2009 in a proceeding pursuant to Family Court Act article 6. The order granted thepetition seeking to revoke 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 mother appeals from an order that, following a hearing, grantedthe petition seeking to revoke a suspended judgment issued pursuant to Family Court Act§ 633 and terminated her parental rights with respect to the children who are the subject ofthis proceeding. Contrary to the mother's contention, petitioner established by a preponderanceof the evidence at the hearing that the mother violated the terms and conditions of the suspendedjudgment (see Matter of Dennis A.,64 AD3d 1191, 1192 [2009]). The record establishes that the mother attended only one thirdof the scheduled visitation sessions with her children, that she failed to attend appointments forthe children, and that she failed to obtain suitable housing. The contention of the mother thatpetitioner failed to use diligent efforts to strengthen and encourage her relationship with herchildren is without merit (see Social Services Law § 384-b [7] [a]; Matter of Bert M., 50 AD3d1509, 1510 [2008], lv denied 11 NY3d 704 [2008]). Finally, we reject the mother'scontention that Family Court erred in admitting hearsay testimony in evidence. Because ahearing on the issue of the revocation of a suspended judgment is part of the dispositional phaseof a permanent neglect proceeding (seeMatter of Seandell L., 57 AD3d 1511 [2008], lv denied 12 NY3d 708 [2009]),hearsay testimony is admissible where, as here, is it material and relevant (see Family CtAct § 624; Matter of Robert T., 270 AD2d 961 [2000], lv denied 95 NY2d758 [2000]). Present—Smith, J.P., Centra, Lindley, Sconiers and Pine, JJ.