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In re Sebastian M.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


July 2, 2009

IN RE SEBASTIAN M., AND OTHERS, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., AND LIZETTE M., RESPONDENT-APPELLANT,
v.
HARLEM DOWLING-WESTSIDE CENTER, PETITIONER-RESPONDENT.

Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about July 19, 2007, which, upon a finding of mental illness, terminated respondent mother's parental rights to the subject children, and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

The finding that respondent was mentally ill and is, by reason of such illness, presently and for the foreseeable future, unable to properly and adequately care for the subject children, was supported by clear and convincing evidence, including medical records and expert testimony (see Matter of Mitchell Randell K., 41 AD3d 119 [2007]; Matter of Nadaniel Jackie P., 35 AD3d 305 [2006]; Social Services Law § 384-b[4][c]; [6][a]). Contrary to respondent's argument, the court provided her with ample opportunity to counter the expert testimony as to her mental illness and to establish that she was complying with the requisite treatment, and did not commit error in sustaining objections to irrelevant questions pertaining to whether the agency referred respondent to her current therapist or whether she sought out the therapist on her own accord.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090702

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