| Matter of Sean H. (Kiesha H.) |
| 2010 NY Slip Op 05154 [74 AD3d 1837] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| In the Matter of Sean H., and Another. Oneida County Departmentof Social Services, Respondent; Kiesha H., Appellant. |
—[*1] Denise J. Morgan, Utica, for petitioner-respondent. Abbie Goldbas, Attorney for the Children, Utica, for Sean H. and Gregory H.
Appeal from an order of the Family Court, Oneida County (Randal B. Caldwell, J.), enteredMarch 3, 2009 in a proceeding pursuant to Social Services Law § 384-b. The order, interalia, terminated the parental rights of respondent.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order revoking a suspended judgmentand terminating her parental rights with respect to her daughter and son who are the subjects ofthis proceeding. Contrary to the mother's contention, petitioner established by a preponderanceof the evidence that the mother violated several conditions of the suspended judgment and thattermination of her parental rights was in the best interests of the children (see Matter of Giovanni K. [Dawn K.],68 AD3d 1766 [2009], lv denied 14 NY3d 707 [2010]; Matter of Christopher J., 63 AD3d1662 [2009], lv denied 13 NY3d 706 [2009]). We reject the further contention of themother that Family Court erred in denying her request for posttermination visitation and, in anyevent, should have received input from the children concerning her request before denying it. Wenote that the evidence before the court established that the young children loved their mother,missed her, and wanted to visit with her, and thus there was no need for the court to seek inputfrom the children to determine their wishes (cf. Matter of Derick Shea D., 22 AD3d 753 [2005]). The motherfailed, however, to establish that it was in the best interests of the children to haveposttermination visitation with her (seeMatter of Diana M.T., 57 AD3d 1492, 1493 [2008], lv denied 12 NY3d 708[2009]). Indeed, because of the mother's actions, the children had visited with the mother onlytwice in the eight-month period prior to the hearing. Present—Centra, J.P., Fahey,Peradotto, Lindley and Pine, JJ.