| Matter of Chanteau M.R.W. (Pamela R.B.) |
| 2012 NY Slip Op 09069 [101 AD3d 1129] |
| December 26, 2012 |
| Appellate Division, Second Department |
| In the Matter of Chanteau M.R.W., Also Known as Chanteau R.Children's Aid Society et al., Respondents; Pamela R.B., Appellant, et al.,Respondent. |
—[*1] Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), forpetitioner-respondent Children's Aid Society. Fred A. Wertheimer, Brooklyn, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b and Family Court Act article6 to terminate parental rights on the ground of permanent neglect, the mother appeals from anorder of the Family Court, Kings County (Lim, J.), dated June 29, 2011, which, after a hearing,revoked a suspended judgment contained in an order of disposition of the same court dated May19, 2010, upon a determination that she violated the terms and conditions thereof, and, after adispositional hearing, terminated her parental rights and transferred the guardianship and custodyof the subject child to the Commissioner of the Administration for Children's Services of the Cityof New York and the Children's Aid Society for the purpose of adoption.
Ordered that the order dated June 29, 2011, 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 Ricky JosephV., 24 AD3d 683, 684 [2005]; see Matter of Carmen C. [Margarita N.], 95 AD3d 1006, 1008[2012]; Matter of Nicholas S. [RhondaS.], 78 AD3d 841, 842 [2010]; Matter of Ayame O.-M., 63 AD3d 1069, 1070 [2009]). Here, theFamily Court properly found, by a preponderance of the evidence, that the mother failed tocomply with at least one of the conditions of the suspended judgment during the one-year term(see Matter of Carmen C. [Margarita N.], 95 AD3d at 1008; Matter of Jysier E.K.J.L. [ChristinaD.L.], 88 AD3d 792, 793 [2011]; Matter of Nicholas S. [Rhonda S.], 78 AD3dat 842; Matter of Ricky Joseph V., 24 AD3d at 684).
Contrary to the mother's contention, the petitioners were not required to prove that they hadexercised diligent efforts to reunify the mother and child since the mother had previouslyadmitted that she permanently neglected the subject child (see Matter of Ayame O.-M.,63 AD3d at [*2]1071; Matter of Fard Saleem G., 297AD2d 677, 678 [2002]).
Moreover, the evidence adduced at the dispositional hearing supported the Family Court'sdetermination that it was in the best interests of the child to terminate the mother's parental rightsand free the child for adoption (see Family Ct Act § 631; Matter of MichaelB., 80 NY2d 299 [1992]; Matter of Nicholas S. [Rhonda S.], 78 AD3d at 842;Matter of Ayame O.-M., 63 AD3d at 1071; Matter of Ricky Joseph V., 24 AD3dat 684).
The mother's remaining contention is without merit. Angiolillo, J.P., Leventhal, Lott andAustin, JJ., concur.