Matter of Vondajia P.G. (Susan S.G.)
2011 NY Slip Op 00894 [81 AD3d 1317]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of Vondajia P.G. and Others, Infants. Erie County Department of Social Services, Respondent; Susan S.G., Appellant.

[*1] Alan Birnholz, East Amherst, for respondent-appellant.

Joseph T. Jarzembek, Buffalo, for petitioner-respondent.

David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of counsel), for Vondajia P.G.

Jennifer M. Lorenz, Attorney for the Children, Lancaster, for Tonajia L.L.G., Cierra C.C. and Precious G.K.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 2, 2010 in a proceeding pursuant to Social Services Law § 384-b. The order 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 terminating her parental rights with respect to four of her children. Contrary to the contentions of the mother and the Attorney for the Child on behalf of Vondajia P.G., Family Court did not abuse its discretion in refusing to issue a suspended judgment. 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[ren]" (Matter of Michael B., 80 NY2d 299, 311 [1992]), was not in the children's best interests (see generally Matter of Shadazia W., 52 AD3d 1330 [2008], lv denied 11 NY3d 706 [2008]; Matter of Da'Nasjeion T., 32 AD3d 1242 [2006]). Present—Smith, J.P., Carni, Sconiers, Green and Gorski, JJ.