Opinion
December 30, 1999
Appeal from Order of Erie County Family Court, Mix, J. — Terminate Parental Rights.
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum:
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.
Family Court erred in revoking the orders of suspended judgment ( see, Family Ct Act § 633) without conducting a hearing pursuant to 22 NYCRR 205.50 (d) (4). Unless there is language to the contrary contained in an order of suspended judgment ( see, e.g., Matter of Jennifer D., 172 A.D.2d 1023; Matter of Townsend, 104 Misc.2d 927, 928), the expiration of the period of suspension does not result in an automatic termination of parental rights ( see, Commissioner of Social Servs. v. Rufelle C., 156 Misc.2d 410, 414; Carrieri, Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 52A, Social Services Law § 384-b, 1999-2000 Interim Pocket Part, at 235-236). We remit the matters to Erie County Family Court for a hearing before another Judge on the petition filed by the Erie County Department of Social Services pursuant to 22 NYCRR 205.50(d)(1).