| Matter of Jahquavius W. (Quanteria H.) |
| 2011 NY Slip Op 05965 [86 AD3d 576] |
| July 12, 2011 |
| Appellate Division, Second Department |
| In the Matter of Jahquavius W. Orange County Department ofSocial Services, Respondent; Quanteria H., Appellant. (Proceeding No. 1.) In the Matter ofJeremiah W. Orange County Department of Social Services, Respondent; Quanteria H.,Appellant. (Proceeding No. 2.) |
—[*1] David Darwin, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), forrespondent. Richard N. Lentino, Middletown, N.Y., Attorney for the Children.
In related proceedings pursuant to Social Services Law § 384-b, inter alia, to terminateparental rights on the ground of permanent neglect, the mother appeals from an order ofdisposition of the Family Court, Orange County (Klein, J.), entered September 7, 2010, which,after a hearing, and upon granting the petition of the Orange County Department of SocialServices to revoke a suspended judgment of the same court entered July 16, 2009, upon findingthat she violated the terms of the suspended judgment, terminated her parental rights andtransferred custody and guardianship of the subject children to the Orange County Department ofSocial Services for the purpose of adoption.
Ordered that the order of disposition is affirmed, without costs or disbursements.
"The Family Court may revoke a suspended judgment after a violation hearing if it finds,upon a preponderance of the evidence, that the parent failed to comply with one or more of itsconditions" (Matter of Nicholas S.[Rhonda S.], 78 AD3d 841, 842 [2010] [internal quotation marks omitted]; see Matter of Ayame O.-M., 63 AD3d1069, 1070 [2009]). "When determining compliance with a suspended judgment, it is theparent's obligation to demonstrate that progress has been made to overcome the specific problemswhich led to the removal of the child. Significantly, a parent's attempt to comply with the literalprovisions of the suspended judgment is not enough" (Matter of Darren V., 61 AD3d 986, 987 [2009] [citations, internalquotation marks and brackets omitted]; see Matter of Jennifer VV., 241 AD2d 622, 623[1997]). Here, the Family Court properly found, by a preponderance of [*2]the evidence, that the mother failed to comply with three of theconditions of the suspended judgment, and it, thus, properly granted the petition to revoke thesuspended judgment and terminate the mother's parental rights (see Matter of Antoinne T. [April T.],83 AD3d 721 [2011]; Matter of Nicholas S. [Rhonda S.], 78 AD3d at 842;Matter of Ayame O.-M., 63 AD3d at 1070; Matter of Darren V., 61 AD3d at986-987). Skelos, J.P., Belen, Hall and Roman, JJ., concur.