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In the Matter of DESIREE W., a Child Alleged to be Permanently Neglected. MONA W., Appellant; GRAHAM WINDHAM SERVICES, INC., et al., Respondents.

A preponderance of the evidence supports the finding that respondent had breached the conditions of the suspended judgment ( Matter of Grace Q., 200 AD2d 894, 895). Although the court was not obligated to conduct a dispositional hearing since it had already considered the best interests of the child prior to suspending judgment ( supra, at 896), it opted to hold a hearing, which, though brief, adduced ample evidence, including respondent's continued drug addiction and incarceration and the child's placement with a loving foster family of relatives, that the best interests of the child, who has spent virtually her entire life in foster care, would be served by terminating respondent's parental rights ( see, Matter of Star Leslie W., 63 NY2d 136, 147-148).

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IN RE DESIREE
(Oct 10, 1996)