Matter of Raul R. (Chalina C.)
2009 NY Slip Op 09938 [68 AD3d 1819]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of Raul R., Jr., an Infant. Onondaga County Department of Social Services, Respondent; Chalina C., Also Known as Chalina R., Appellant.

[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Mary P. Davison of counsel), for respondent-appellant.

Gordon J. Cuffy, County Attorney, Syracuse (Sara J. Langan of counsel), for petitioner-respondent.

Theodore W. Stenuf, Law Guardian, Minoa, for Raul R., Jr.

Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered April 4, 2008 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, revoked a suspended judgment and 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 revoking a suspended judgment and terminating her parental rights with respect to her son on the ground of permanent neglect. Contrary to the mother's contention, petitioner established by a preponderance of the evidence that the mother violated several conditions of the suspended judgment and that termination of her parental rights was in the best interests of the child (see Matter of Dennis A., 64 AD3d 1191, 1192 [2009]; Matter of Male M., 46 AD3d 471 [2007]; Matter of Aaron S., 15 AD3d 585 [2005]). Present—Smith, J.P., Fahey, Carni and Green, JJ.