In re Carmen C.
| Decision Date | 08 May 2012 |
| Parties | In the Matter of CARMEN C. (Anonymous). Orange County Department of Social Services, respondent; Margarita N. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ida R. (Anonymous). Orange County Department of Social Services, respondent; Margarita N. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Juan R. (Anonymous). Orange County Department of Social Services, respondent; Margarita N. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Miguel R. (Anonymous). Orange County Department of Social Services, respondent; Margarita N. (Anonymous), appellant. (Proceeding No. 4) |
| Court | New York Supreme Court — Appellate Division |
95 A.D.3d 1006
944 N.Y.S.2d 214
2012 N.Y. Slip Op. 03637
In the Matter of CARMEN C. (Anonymous).
Orange County Department of Social Services, respondent;
Margarita N. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Ida R. (Anonymous).
Orange County Department of Social Services, respondent;
Margarita N. (Anonymous), appellant. (Proceeding No. 2)
In the Matter of Juan R. (Anonymous).
Orange County Department of Social Services, respondent;
Margarita N. (Anonymous), appellant. (Proceeding No. 3)
In the Matter of Miguel R. (Anonymous).
Orange County Department of Social Services, respondent;
Margarita N. (Anonymous), appellant. (Proceeding No. 4)
Supreme Court, Appellate Division, Second Department, New York.
May 8, 2012.
[944 N.Y.S.2d 215]
John M. McGlynn, Rockville Centre, N.Y., for appellant.
David L. Darwin, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent.
Gary E. Eisenberg, New City, N.Y., attorney for the children.
PETER B. SKELOS, J.P., ANITA R. FLORIO, ARIEL E. BELEN, and SANDRA L. SGROI, JJ.
[95 A.D.3d 1007]In related proceedings pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of the Family Court, Orange County (Bivona, J.), dated March 31, 2011, which, after a hearing, revoked a suspended judgment contained in an order of disposition of the same court dated January 14, 2010, upon a determination that she violated the terms and conditions thereof, and terminated her parental rights.
ORDERED that the order dated March 31, 2011, is affirmed, without costs or disbursements.
These proceedings were commenced pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate the mother's parental rights to the four subject children on the ground of permanent neglect. After a fact-finding and dispositional hearing, the Family Court found that the mother had permanently neglected the subject children, determined that the best interests of the children would not be served by their return to the mother, and terminated the mother's parental rights, but suspended
[944 N.Y.S.2d 216]
the judgment as long as the mother strictly complied with the terms and conditions of the order of disposition. The mother was required, inter alia, to maintain a minimum attendance rate of 95% of all scheduled sessions of her drug and alcohol treatment program, until successfully discharged, and to participate in the Family Support Program.
On August 25, 2010, the Orange County Department of Social Services filed a violation petition alleging that the mother failed to comply with the terms of the suspended judgment. At the ensuing...
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