¶1A preponderance of the evidence supports Family Court’s finding that it is in the child’s best interests to terminate respondent’s parental rights and free the child for adoption (see Family Ct Act § 631; Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). The evidence at the dispositional hearing shows that while respondent had made progress since her release from prison in October 2008 and had been compliant with services for several months, she thereafter failed to complete a drug treatment program, failed to visit the child for two months, and was incarcerated in September 2009 for a parole violation. By contrast, the child was doing well in the home of her foster mother, who wished to adopt her. Accordingly, a suspended judgment was not warranted (see e.g. Matter of Jessica Victoria S., 47 AD3d 428 [2008]; Matter of Savannah V., 38 AD3d 354, 355 [2007]). Concur — Gonzalez, EJ., Mazzarelli, Andrias, Sweeny and Román, JJ.
90 A.D.3d 541
In re Kharyn O.
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-12-20
Cited by 4 later decisions — most recently March 2015
Good law ✅— No negative treatment on recordhow we know
Decided 2011-12-20
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