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Decided on November 1, 2007
Family Court, Monroe County

NA-11072-05

APPEARANCES:
Monroe County Law Department, by Peter A. Essley, Esq., for Petitioner
Conflict Defender's Office, by Rhian D. Jones, Esq., for Respondent Malcolm H.
Legal Aid Society, by Yolanda Asamoah-Wade, Esq., Law Guardian
Dandrea L. Ruhlmann, J.

Is a father who complied with all terms of a dispositional order suspending judgment entitled to

vacatur of the consent neglect finding and dismissal of the petition filed against him? By motion brought by order to show cause filed September 21, 2007, Respondent Malcolm H., Sr. (Father) seeks an order vacating the consent neglect finding and dismissing the Family Court Act (FCA) Article 10 petition filed against him. Father's motion is granted as the Court finds both that Father successfully complied with the terms of the suspended judgment order and it is in the boys' best interests to vacate the finding. Since the Court's aid is no longer required on the record before it, the neglect petition filed on August 31, 2005 is dismissed.
Statement of Facts:
By petition filed August 31, 2005, Monroe County Department of Human Services (Petitioner) alleged that Father abused and neglected his four sons Malcolm H., Jr., Jonah H., Caleb H. and Noah H. and his two step-sons, the biological sons of co-Respondent Jennifer H. (Respondent), Makynli N. and Tajae W.. After Father consented to a neglect finding on July 26, 2006, the Court proceeded with a contested dispositional hearing (Family Court Act

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