Opinion
10-06-2017
In the Matter of IREISHA P. And Jordan P. Erie County Department of Social Services, Petitioner–Respondent; Shonita M., Respondent–Appellant. (Appeal No. 1.).
Charles J. Greenberg, Amherst, for respondent-appellant. Elisabeth M. Colucci, Buffalo, for petitioner-respondent. Bernadette M. Hoppe, Attorney for the Children, Buffalo.
Charles J. Greenberg, Amherst, for respondent-appellant.
Elisabeth M. Colucci, Buffalo, for petitioner-respondent.
Bernadette M. Hoppe, Attorney for the Children, Buffalo.
MEMORANDUM:In appeal No. 1, respondent mother appeals from an order entered on September 3, 2015 that revoked a suspended judgment entered upon her admission of permanent neglect and terminated her parental rights with respect to the two subject children. We note at the outset that, inasmuch as the corrected order and order in appeal Nos. 2 and 3 contain no material or substantive change from the order in appeal No. 1, the appeals from those orders must be dismissed (see Matter of Kolasz v. Levitt, 63 A.D.2d 777, 779, 404 N.Y.S.2d 914 ).
It is well established that, if Family Court " ‘determines by a preponderance of the evidence that there has been noncompliance with any of the terms of [a] suspended judgment, the court may revoke the suspended judgment and terminate parental rights' " ( Matter of Amanda M. [George M.], 140 A.D.3d 1677, 1677, 32 N.Y.S.3d 533 ; see Matter of Ronald O., 43 A.D.3d 1351, 1352, 842 N.Y.S.2d 801 ). Here, the mother acknowledged that she failed to comply with the terms of the suspended judgment, and that such failure included repeated positive tests for cocaine (see Matter of Carmen C. [Margarita N.], 95 A.D.3d 1006, 1008, 944 N.Y.S.2d 214 ; Matter of Erie County Dept. of Social Servs. v. Anthony P., 45 A.D.3d 1384, 1384, 845 N.Y.S.2d 587 ). We conclude that there is a sound and substantial basis in the record to support the court's determination that it is in the children's best interests to terminate the mother's parental rights (see Amanda M., 140 A.D.3d at 1677, 32 N.Y.S.3d 533; Matter of Brian C., 32 A.D.3d 1224, 1225–1226, 821 N.Y.S.2d 712, lv. denied 7 N.Y.3d 717, 827 N.Y.S.2d 688, 860 N.E.2d 990 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
SMITH, J.P., PERADOTTO, LINDLEY, DeJOSEPH, and WINSLOW, JJ., concur.