Opinion
CAF 01-02433
November 15, 2002.
Appeal from an order of Family Court, Erie County (Rosa, J.), entered October 26, 2001, which revoked a suspended judgment and transferred the custody and guardianship rights of respondents' biological children to petitioner.
ALVIN M. GREENE, BUFFALO, FOR RESPONDENT-APPELLANT.
JEFFREY M. HARRINGTON, LAW GUARDIAN, LACKAWANNA, FOR KRYSTAL M., JAMES M., AND CASSANDRA M.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Respondent father appeals from an order revoking a suspended judgment entered upon a finding of permanent neglect and transferring custody of his biological 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 ( see Matter of Rebecca F., 286 A.D.2d 985, 986; see also Matter of Victor C., 284 A.D.2d 945; Matter of Ashley M. [appeal No. 1], 278 A.D.2d 892, lv denied 96 N.Y.2d 710). Thus, contrary to the contention of respondent, the court "did not improvidently exercise its discretion by revoking [the] suspended judgment" ( Matter of La'Quan De'Vota H., 259 A.D.2d 486, 487; see Rebecca F., 286 A.D.2d at 986).