Case Information
*1 SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department 682
CAF 10-02106
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ. IN THE MATTER OF JANE H. ---------------------------------------------- ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, MEMORANDUM AND ORDER PETITIONER-RESPONDENT; SUSAN H., RESPONDENT-APPELLANT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR RESPONDENT-APPELLANT.
GORDON J. CUFFY, COUNTY ATTORNEY, SYRACUSE (SARA J. LANGAN OF COUNSEL), FOR PETITIONER-RESPONDENT.
CHRISTOPHER E. BURKE, ATTORNEY FOR THE CHILD, SYRACUSE, FOR JANE H. Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), entered September 29, 2010 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated respondent’s parental rights to the subject child.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order terminating her parental rights with respect to the child at issue, respondent mother contends that Family Court abused its discretion in refusing to issue a suspended judgment. We reject that contention. 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” ( Matter of Michael B. , 80 NY2d 299, 311), was not in the child’s best interests ( see Matter of Shadazia W. , 52 AD3d 1330, lv denied 11 NY3d 706; Matter of Danielle N. , 31 AD3d 1205). “The court’s assessment that [the mother] was not likely to change [her] behavior is entitled to great deference” ( Matter of Philip D. , 266 AD2d 909). The mother correctly concedes that she failed to request that the court consider post-termination contact and, in any event, we conclude that the mother failed to establish that such contact would be in the best interests of the child ( see Matter of Andrea E. , 72 AD3d 1617, lv denied 15 NY3d 703; Matter of Christopher J. , 60 AD3d 1402). The child has resided with her foster family for almost her entire life, and the evidence established that there was no bond
-2- 682
CAF 10-02106 between the mother and the child.
Entered: June 10, 2011 Patricia L. Morgan
Clerk of the Court