Opinion
06-10-2016
In the Matter of AMANDA M., Misty M., Amber M., and Jeremy H. Erie County Department of Social Services, Petitioner–Respondent; George M., Respondent–Appellant.
David J. Pajak, Alden, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent. Kristin L. Arcuri, Attorney for the Children, Buffalo. William D. Broderick, Jr., Attorney for the Child, Elma.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 16, 2014 in a proceeding pursuant to Social Services Law § 384–b. The order revoked a suspended judgment and terminated respondent's parental rights.
David J. Pajak, Alden, for Respondent–Appellant.
Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
Kristin L. Arcuri, Attorney for the Children, Buffalo.
William D. Broderick, Jr., Attorney for the Child, Elma.
Opinion
MEMORANDUM: Respondent father appeals from an order by which Family Court, inter alia, revoked a suspended judgment entered upon the father's admission that he had abandoned the four children and terminated his parental rights. It is well established that, “[i]f the court determines by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, the court may revoke the suspended judgment and terminate parental rights” (Matter of Ronald O., 43 A.D.3d 1351, 1352, 842 N.Y.S.2d 801 ). Here, there is a sound and substantial basis in the record to support the court's determination that the father failed to comply with the terms of the suspended judgment and that it is in the children's best interests to terminate his parental rights (see Matter of Ramel H. [Tenese T.], 134 A.D.3d 1590, 1592, 23 N.Y.S.3d 782 ; Matter of Savanna G. [Dayelle M.], 118 A.D.3d 1482, 1483, 988 N.Y.S.2d 812 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
CENTRA, J.P., PERADOTTO, LINDLEY, DeJOSEPH, and NEMOYER, JJ., concur.