MATTER OF CAITLIN H

ORDERED that the order of disposition is affirmed, without costs or disbursements.

There is no merit to the mother's contention that she was entitled to a dispositional hearing after the Department of Social Services (hereinafter the DSS) proved by overwhelming evidence at a hearing held on October 5, 2000, that she was in violation of many of the conditions of a suspended judgment. The suspended judgment was issued following a hearing on February 8, 2000, during which the mother admitted to the permanent neglect of Caitlin H. Parental rights may be terminated outright where, as here, the DSS proves by a mere preponderance of the evidence that a permanent neglect suspended judgment has been violated (see, Matter of Brendan A., 278 A.D.2d 784; Matter of Alka H., 278 A.D.2d 326; Matter of Sabrieal A., 255 A.D.2d 511; Matter of Torrien Matthew McK., 253 A.D.2d 522; Matter of Patricia O., 175 A.D.2d 870).

There is no merit to the mother's contention that she was denied the effective assistance of counsel because her attorney did not demand a dispositional hearing. Since the mother was not entitled to such a hearing, counsel cannot be faulted for failing to demand one (see, Matter of Anthony OO, 258 A.D.2d 788; cf., People v. Rodriguez, 111 A.D.2d 524; People v. Tommaselli, 102 A.D.2d 943).

O'BRIEN, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.