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Joseph v. Joan

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 2008
53 A.D.3d 658 (N.Y. App. Div. 2008)

Opinion

No. 2007-08484, (Docket No. B-18219-03).

July 29, 2008.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground, inter alia, of mental retardation, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Pearl, J.), dated July 19, 2007, which, after a fact-finding hearing, found that she is presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the subject child, terminated her parental rights, and transferred guardianship and custody of the subject child jointly to the Jewish Child Care Association, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Salvatore C. Adamo, New York, N.Y., for appellant.

Law Offices of James M. Abramson, PLLC, New York, N.Y., for respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Diane Pazar of counsel), attorney for the child.

Before: Skelos, J.P., Ritter, Florio and Carni, JJ.


Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The Family Court properly found that there was clear and convincing evidence that the mother is presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the subject child ( see Social Services Law § 384-b [g]; [4] [c]; Matter of Jason Brian B., 33 AD3d 996), and properly terminated her parental rights.


Summaries of

Joseph v. Joan

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 2008
53 A.D.3d 658 (N.Y. App. Div. 2008)
Case details for

Joseph v. Joan

Case Details

Full title:IN THE MATTER OF BRANDY JOSEPH C. (Anonymous), a/k/a BRANDY C…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 29, 2008

Citations

53 A.D.3d 658 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6449
860 N.Y.S.2d 915