Opinion
1230 CAF 15-01604.
11-09-2017
In the Matter of DEON M. Erie County Department of Social Services, Petitioner–Respondent; Vernon B., Respondent. In the Matter of David M.J.B. Erie County Department of Social Services, Petitioner–Respondent; Vernon B., Respondent. In the Matter of David M.J.B. Erie County Department of Social Services, Petitioner–Respondent; Vernon B., Respondent. In the Matter of David M.J.B. Erie County Department of Social Services, Petitioner–Respondent; Cynthia M., Respondent–Appellant.
David J. Pajak, Alden, for Respondent–Appellant. Eric R. Ziobro, Buffalo, for Petitioner–Respondent. David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
David J. Pajak, Alden, for Respondent–Appellant.
Eric R. Ziobro, Buffalo, for Petitioner–Respondent.
David C. Schopp, Attorney for the Child, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM:
Respondent mother appeals from an order terminating her parental rights with respect to her son, David M.J.B., on the ground of mental illness. Contrary to the mother's contention, we conclude that petitioner met its burden of demonstrating by clear and convincing evidence that the mother is "presently and for the foreseeable future unable, by reason of mental illness ..., to provide proper and adequate care for [the] child" ( Social Services Law § 384–b [4 ][c]; see Matter of Christopher B., Jr. [Christopher B., Sr.], 104 A.D.3d 1188, 1188, 960 N.Y.S.2d 787 [4th Dept.2013] ). Petitioner presented clear and convincing evidence establishing that the mother is presently suffering from "a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that if such child were placed in ... the custody of [the mother], the child would be in danger of becoming a neglected child" ( § 384–b [6 ][a] ).
The mother further contends that she was denied effective assistance of counsel at the fact-finding hearing. We reject that contention inasmuch as the mother " ‘did not demonstrate the absence of strategic or other legitimate explanations for counsel's alleged shortcomings' " ( Matter of Joey J. [Eleanor J.], 140 A.D.3d 1687, 1687, 31 N.Y.S.3d 906 [4th Dept.2016] ; see Matter of London J. [Niaya W.], 138 A.D.3d 1457, 1458, 30 N.Y.S.3d 453 [4th Dept.2016], lv. denied 27 N.Y.3d 912, 2016 WL 4480707 [2016] ; see generally Matter of Brown v. Gandy, 125 A.D.3d 1389, 1390–1391, 3 N.Y.S.3d 486 [4th Dept.2015] ), and " ‘[t]he record, viewed in its totality, establishes that the [mother] received meaningful representation’ " ( Matter of Kemari W., 153 A.D.3d 1667, 1668, 61 N.Y.S.3d 436 [4th Dept.2017] ; see generally People v. Baldi, 54 N.Y.2d 137, 1478, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.