Opinion
July 14, 1995
Appeal from the Onondaga County Family Court, Hedges, J.
Present — Pine, J.P., Fallon, Callahan, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: This matter was previously before our Court; we reversed the order, reinstated the petition and remitted the matter to Family Court for further proceedings, including a possible dispositional hearing ( Matter of David Michael J., 206 A.D.2d 867). Family Court's determination on remittal is supported by legally sufficient evidence ( see, Matter of Gerald M., 112 A.D.2d 6). Although much of the testimony at the dispositional hearing was hearsay, such evidence was properly admitted ( see, Family Ct Act § 624; cf., Matter of John S., 199 A.D.2d 836, 837-838). Moreover, the court properly relied upon the testimony at the prior hearing with respect to respondent's failure to comply with the terms and conditions of the suspended judgment, as well as the testimony of the foster care worker and respondent at the dispositional hearing, in concluding that there had been no substantial change or progress that would warrant any disposition other than termination of respondent's parental rights.