Opinion
CAF 18–00438 486
05-03-2019
In the MATTER OF HAYLEIGH C. Genesee County Department of Social Services, Petitioner–Respondent; v. Ronald S., Respondent–Appellant.
BRIDGET L. FIELD, ROCHESTER, FOR RESPONDENT–APPELLANT. PAULA A. CAMPBELL, BATAVIA, FOR PETITIONER–RESPONDENT. GARY MULDOON, ROCHESTER, ATTORNEY FOR THE CHILD.
BRIDGET L. FIELD, ROCHESTER, FOR RESPONDENT–APPELLANT.
PAULA A. CAMPBELL, BATAVIA, FOR PETITIONER–RESPONDENT.
GARY MULDOON, ROCHESTER, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., PERADOTTO, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDERIt is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Social Services Law § 384–b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect. We affirm. The father failed to request a suspended judgment at the dispositional hearing, and thus he failed to preserve his sole contention on appeal that Family Court abused its discretion in failing to issue a suspended judgment (see Matter of Justin T. [Wanda T.—Joseph M.], 154 A.D.3d 1338, 1339–1340, 61 N.Y.S.3d 788 [4th Dept. 2017], lv denied 30 N.Y.3d 910, 2018 WL 773142 [2018] ; Matter of Joshua T.N. [Tommie M.], 140 A.D.3d 1763, 1764, 32 N.Y.S.3d 793 [4th Dept. 2016], lv denied 28 N.Y.3d 904, 2016 WL 6112163 [2016] ). In any event, a suspended judgment is unwarranted where, as here, the parent has not made any progress in addressing the issues that led to the child's removal (see Justin T., 154 A.D.3d at 1340, 61 N.Y.S.3d 788 ).