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Matter of D.R. and T.R.

Agency's petition charging father with violating terms of suspended judgment was timely.

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Judge Turbow

MATTER OF D.R. AND T.R. This matter is on for decision following an evidentiary hearing conducted upon the application of the Childrens Aid Society (the petitioner or the Agency) to find respondents in violation of the terms of suspended judgments entered against each in proceedings to terminate their parental rights. In addition, the Court has before it the respondent fathers motion to dismiss the proceeding against him. Citing the recent decision in Matter of Jonathan B., 193 Misc. 2d 52, 747 N.Y.S.2d 333 (Fam. Ct. Queens Co. 2002), he contends that the period of the suspended judgment entered in his case expired before the Agency brought on the instant application and that, as a result, the terms of the suspended judgment are no longer enforceable.

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