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In re Brent

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 17, 2006
34 A.D.3d 1367 (N.Y. App. Div. 2006)

Opinion

No. CAF 06-00976.

November 17, 2006.

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered April 3, 2006 in a proceeding pursuant to Family Court Act article 6. The order, inter alia, revoked a suspended judgment and terminated respondent's parental rights.

Before: Present — Scudder, J.P., Kehoe, Gorski, Smith and Pine, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order revoking a suspended judgment, terminating his parental rights, and transferring custody and guardianship of his three children to petitioner. "Family Court's finding following an evidentiary hearing that respondent failed to comply with certain conditions of the suspended judgment is supported by a preponderance of the evidence" ( Matter of Krystal M., 4 AD3d 764, 764; see Matter of Rebecca F., 286 AD2d 985, 986). The court's revocation of the suspended judgment therefore was not an improvident exercise of discretion ( see Krystal M., 4 AD3d 764; Rebecca F., 286 AD2d at 986; Matter of La'Quan De'Vota H., 259 AD2d 486, 487).


Summaries of

In re Brent

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 17, 2006
34 A.D.3d 1367 (N.Y. App. Div. 2006)
Case details for

In re Brent

Case Details

Full title:In the Matter of BRENT H. and Others, Infants. ERIE COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 17, 2006

Citations

34 A.D.3d 1367 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8594
823 N.Y.S.2d 740

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