*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 158
CAF 10-00390
PRESENT: SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ. IN THE MATTER OF VONDAJIA P.G., TONAJIA L.L.G., CIERRA C.C., AND PRECIOUS G.K. ----------------------------------------------- ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, MEMORANDUM AND ORDER PETITIONER-RESPONDENT; SUSAN S.G., RESPONDENT-APPELLANT.
ALAN BIRNHOLZ, EAST AMHERST, FOR RESPONDENT-APPELLANT.
JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT.
DAVID C. SCHOPP, ATTORNEY FOR THE CHILD, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR VONDAJIA P.G.
JENNIFER M. LORENZ, ATTORNEY FOR THE CHILDREN, LANCASTER, FOR TONAJIA L.L.G., CIERRA C.C. AND PRECIOUS G.K.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 2, 2010 in a proceeding pursuant to Social Services Law § 384-b. The order terminated respondent’s parental rights.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to four of her children. Contrary to the contentions of the mother and the Attorney for the Child on behalf of Vondajia P.G., Family Court did not abuse its discretion in refusing to issue a suspended judgment. The record supports the court’s determination that a suspended judgment, i.e., “a brief grace period designed to prepare the parent to be reunited with the child[ren]” ( Matter of Michael B. , 80 NY2d 299, 311), was not in the children’s best interests ( see generally Matter of Shadazia W. , 52 AD3d 1330, lv denied 11 NY3d 706; Matter of Da’Nasjeion T. , 32 AD3d 1242).
Entered: February 10, 2011 Patricia L. Morgan
Clerk of the Court