Child Neglect: Matter of Terrance M.

Appellate Division, Fourth Department

Child Neglect

Termination

Matter of Terrance M.
807
Appealed from Family Court, Monroe County

Background: The appeal is from an order by Judge Donofrio that terminated the parental rights of respondent Terrance M. Sr. and dismissed the petition of Charlotte S. for custody. The respondent father appeals from an amended order terminating his parental rights with respect to three of his children on the ground of permanent neglect. The father contends the family court erred in dismissing the petition, in which Charlotte S., one of his relatives, sought custody of the children.

Ruling: The father is not aggrieved by the part of the amended order concerning the relative’s request and his appeal from the amended order insofar as it dismissed that petition must be dismissed. The court properly rejected the father’s request either to continue the period of the suspended judgment pursuant to Family Court Act §633(e) or to extend the period of the suspended judgment pursuant to Family Court Act §633(f). When a petitioner such as the Monroe County Department of Human Services establishes by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, the court may revoke the suspended judgment and terminate parental rights. The appeal from the amended order, insofar as it dismissed Charlotte S.’s petition, is dismissed unanimously and the amended order otherwise is affirmed.

Thomas N. Martin for the appellant, and Peter A. Essley, assistant county attorney, for the respondent