Legal Opinion
In re Malik S.
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2012No. Appeal No. 1Published
1Opinion of the Court
*1777With respect to appeal No. 1, it is well settled that, during the period of a suspended judgment, a parent “ ‘must comply with [the] terms and conditions set forth in the judgment that are designed to ameliorate’ ” the circumstances which resulted in the original finding of permanent neglect (Matter of Kaleb U, 280 AD2d 710, 712 [2001]). If the agency establishes by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, Family Court may revoke the suspended judgment and terminate parental rights (see Matter of Grade YY., 34 AD3d…
2Cases cited9 opinions
- In re Michael B.New York Court of Appeals · 1992
- In re Ronald O.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Kaleb U.Appellate Division of the Supreme Court of the State of New York · 2001
- In re Sean W.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Shad S.Appellate Division of the Supreme Court of the State of New York · 2009
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