Matter of Andrea E. (Valerie E.)
2010 NY Slip Op 03674 [72 AD3d 1617]
April 30, 2010
Appellate Division, Fourth Department
As corrected through Wednesday, June 9, 2010


In the Matter of Andrea E. Steuben County Department of SocialServices, Respondent; Valerie E., Appellant.

[*1]Mary P. Davison, Canandaigua, for respondent-appellant.

Frederick H. Ahrens, Jr., County Attorney, Bath (James B. Doyle, III, of counsel), forpetitioner-respondent. Deetza G. Benno, Law Guardian, Bath, for Andrea E.

Appeal from an order of the Family Court, Steuben County (Peter C. Bradstreet, J.), enteredMarch 20, 2009 in a proceeding pursuant to Family Court Act article 6. The order, among otherthings, 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 terminating her parental rightswith respect to her daughter based on a finding of permanent neglect and freeing her daughter foradoption. The mother failed to preserve for our review her contention that Family Court shouldhave entered a suspended judgment (seeMatter of Charles B., 46 AD3d 1430, 1431 [2007], lv denied 10 NY3d 705[2008]) and, in any event, that contention lacks merit. "[T]he record supports the court'sdetermination that any progress made by the [mother] 'was not sufficient to warrant any furtherprolongation of the child's unsettled familial status' " (Matter of Tiara B. [Torrence B.], 70 AD3d 1307, 1308 [2010]).Furthermore, "the mother did not ask the court to consider post-termination contact with thechild[ ] in question or to conduct a hearing on that issue, and we conclude in any event that she'failed to establish that such contact would be in the best interests of the child[ ]' " (Matter of Christopher J., 60 AD3d1402, 1403 [2009]). Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski,JJ.


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