| Matter of Elizabeth J. (Jocelyn J.) |
| 2011 NY Slip Op 06800 [87 AD3d 1406] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| In the Matter of Elizabeth J., an Infant. Oneida County Departmentof Social Services, Respondent; Jocelyn J., Appellant. |
—[*1] John A. Herbowy, County Attorney, Utica (Denise J. Morgan of counsel), forpetitioner-respondent. William L. Koslosky, Attorney for the Child, Utica, for Elizabeth J.
Appeal from an order of the Family Court, Oneida County (James R. Griffith, J.), enteredMarch 22, 2010 in a proceeding pursuant to Social Services Law § 384-b. The orderterminated 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. Contrary to the mother'scontention, petitioner established by a preponderance of the evidence that she violated the termsof the suspended judgment (see Matterof Janasia H. [Ebony H.], 71 AD3d 1524 [2010], lv denied 15 NY3d 701[2010]). In addition, Family Court properly concluded that termination of the mother's parentalrights was in the child's best interests inasmuch as the foster family had expressed a desire toadopt the child, the mother was incarcerated and the suspended judgment expired more than twoyears prior to her earliest release date (see Matter of Saboor C., 303 AD2d 1022 [2003]).The court also properly determined that the mother failed to establish that it was in the child'sbest interests to have post-termination visitation with her (see Matter of Sean H. [Kiesha H.], 74 AD3d 1837 [2010], lvdenied 15 NY3d 708 [2010]). Present—Fahey, J.P., Peradotto, Lindley, Sconiers andGreen, JJ.