Opinion
No. CAF 09-00708.
April 30, 2010.
Appeal from an order of the Family Court, Steuben County (Peter C. Bradstreet, J.), entered March 20, 2009 in a proceeding pursuant to Family Court Act article 6. The order, among other things, terminated respondent's parental rights.
MARY P. DAVISON, CANANDAIGUA, FOR RESPONDENT-APPELLANT.
FREDERICK H. AHRENS, JR., COUNTY ATTORNEY, BATH (JAMES B. DOYLE, III, OF COUNSEL), FOR PETITIONER-RESPONDENT.
DEETZA G. BENNO, LAW GUARDIAN, BATH, FOR ANDREA E.
Present: Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to her daughter based on a finding of permanent neglect and freeing her daughter for adoption. The mother failed to preserve for our review her contention that Family Court should have entered a suspended judgment ( see Matter of Charles B., 46 AD3d 1430, 1431, lv denied 10 NY3d 705' [2008]) and, in any event, that contention lacks merit. "[T]he record supports the court's determination that any progress made by the [mother] `was not sufficient to warrant any further prolongation of the child's unsettled familial status `" ( Matter of Tiara B. [Torrence B.], 70 AD3d 1307, 1308). Furthermore, "the mother did not ask the court to consider post-termination contact with the child[] in question or to conduct a hearing on that issue, and we conclude in any event that she `failed to establish that such contact would be in the best interests of the child[]'" ( Matter of Christopher J., 60 AD3d 1402, 1403).