Opinion
2012-12-21
In the Matter of BARON C., Daemoni C., and Neveah P. Erie County Department of Social Services, Petitioner–Respondent; Dominique C., Respondent–Appellant.
Evelyne A. O'Sullivan, East Amherst, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
Evelyne A. O'Sullivan, East Amherst, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
David C. Schopp, Attorney for The Children, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen Of Counsel), for Baron C., Daemoni C., and Neveah P.
PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND WHALEN, JJ.
MEMORANDUM:
In this proceeding pursuant to Social Services Law § 384–b, respondent mother appeals from an order that, inter alia, terminated her parental rights with respect to the three subject children and ordered that they be freed for adoption. Contrary to the mother's contentions, the record supports Family Court's determination that a suspended judgment, i.e., a “brief grace period designed to prepare the parent to be reunited with the child” ( Matter of Michael B., 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122), was not in the best interests of the children ( see Matter of Jane H. [ Susan H.], 85 A.D.3d 1586, 1587, 924 N.Y.S.2d 885,lv. denied17 N.Y.3d 709, 2011 WL 4089830). “The court's determination at the dispositional hearing is entitled to great deference, particularly because it depended in large part on the court's assessment of the credibility of the witnesses” ( Matter of Alyshia M.R., 53 A.D.3d 1060, 1061, 861 N.Y.S.2d 551,lv. denied11 N.Y.3d 707, 868 N.Y.S.2d 599, 897 N.E.2d 1083). Finally, to the extent that the mother's contentions are based on matters outside the record on appeal, they are not properly before us ( see Matter of Gridley v. Syrko, 50 A.D.3d 1560, 1561, 857 N.Y.S.2d 838;Matter of Harry P. v. Cindy W., 48 A.D.3d 1100, 1100, 850 N.Y.S.2d 783).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.