Opinion
(1174.5) CAF 01-00203.
September 28, 2001.
(Appeal from Order of Onondaga County Family Court, Griffith, J. — Terminate Parental Rights.)
PRESENT: PINE, J.P., HAYES, HURLBUTT, BURNS AND GORSKI, JJ.
Order unanimously affirmed without costs. Memorandum:
Respondent father appeals from an order revoking a suspended judgment of permanent neglect, terminating his parental rights and transferring custody of his child to petitioner. Contrary to the contention of respondent, Family Court's finding after a hearing that he failed to comply with certain conditions of the suspended judgment is supported by a preponderance of the evidence ( see, Matter of Gerald M., 112 A.D.2d 6; see also, Matter of Victor C., ___ A.D.2d ___ [decided June 8, 2001]; Matter of Ashley M. [appeal No. 1], 278 A.D.2d 892, lv denied 96 N.Y.2d 710). Thus, 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).