In re Jeremiah J.W.

Decision Date09 December 2015
Parties In the Matter of JEREMIAH J.W. (Anonymous). Suffolk County Department of Social Services, respondent; Tionna W. (Anonymous), appellant.
CourtNew York Supreme Court — Appellate Division

134 A.D.3d 848
22 N.Y.S.3d 215

In the Matter of JEREMIAH J.W. (Anonymous).

Suffolk County Department of Social Services, respondent;

Tionna W. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 9, 2015.


22 N.Y.S.3d 216

Heather A. Fig, Bayport, N.Y., for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (Steven B. Nacht of counsel), for respondent.

Regina M. Stanton, Port Jefferson, N.Y., attorney for the child.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, and SYLVIA O. HINDS–RADIX, JJ.

Appeals from (1) an order of the Family Court, Suffolk County (David Freundlich, J.), dated September 15, 2014, and (2) an order of fact-finding and disposition of that court, also dated September 15, 2014. The order, after a hearing, determined

134 A.D.3d 849

that the mother violated the terms of a suspended judgment dated May 1, 2014, and revoked the suspended judgment in the best interests of the subject child. The order of fact-finding and disposition, after fact-finding and dispositional hearings, found that the mother permanently neglected the subject child, terminated her parental rights to the child, and transferred guardianship and custody of the child to the Suffolk County Department of Social Services for the purpose of adoption.

ORDERED that the order and the order of fact-finding and disposition are affirmed, without costs or disbursements.

The Family Court may revoke a suspended judgment after a hearing if it finds, upon a preponderance of the evidence, that the parent failed to comply with one or more of its conditions (see Matter of Mashlai D.M. [Jalisa R.D.], 110 A.D.3d 813, 971 N.Y.S.2d 900 ; Matter of Jalil U. [Rachel L.-U.], 103 A.D.3d 658, 660, 958 N.Y.S.2d 791 ; Matter of Chanteau M.R.W. [Pamela R.B.], 101 A.D.3d 1129, 956 N.Y.S.2d 505 ; Matter of Carmen C....

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  • In re Hector V.P.
    • United States
    • New York Supreme Court — Appellate Division
    • January 18, 2017
    ...the children (see generally Matter of Angel P. [Evelyn C.-Keith G.], 137 A.D.3d 793, 795, 26 N.Y.S.3d 547 ; Matter of Jeremiah J.W. [Tionna W.], 134 A.D.3d 848, 849, 22 N.Y.S.3d 215 ). Contrary to the mother's contention, the petitioner established by clear and convincing evidence that it m......
  • Orange Cnty. Dep't of Soc. Servs. v. Brandy P. (In re Majesty M.)
    • United States
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    • November 14, 2018
    ...as the finding that the mother neglected the child was supported by admissible evidence (see Matter of Jeremiah J.W. [Tionna W.], 134 A.D.3d 848, 849, 22 N.Y.S.3d 215 ).The mother's remaining contentions are without merit. SCHEINKMAN, P.J., DILLON, COHEN and CHRISTOPHER, JJ.,...
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  • Ont. Cnty. Dep't of Soc. Servs. Child Protective Unit v. Paula D. (In re Jenna D.)
    • United States
    • New York Supreme Court — Appellate Division
    • October 5, 2018
    ...judgment and the child's best interests, and there was no need for an additional hearing (see Matter of Jeremiah J.W. [Tionna W.], 134 A.D.3d 848, 849, 22 N.Y.S.3d 215 [2d Dept. 2015], lv dismissed 27 N.Y.3d 1061, 35 N.Y.S.3d 294, 54 N.E.3d 1166 [2016] ; see also Kim Shantae M., 221 A.D.2d ......
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