Opinion
982 CAF 18–01204
11-08-2019
In the MATTER OF DESTINY S., Ashley L.W.W., and Adam M.W. Cattaraugus County Department of Social Services, Petitioner–Respondent; v. Amy W., Respondent–Appellant.
ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR RESPONDENT–APPELLANT. STEPHEN J. RILEY, OLEAN, FOR PETITIONER–RESPONDENT. AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILDREN.
ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR RESPONDENT–APPELLANT.
STEPHEN J. RILEY, OLEAN, FOR PETITIONER–RESPONDENT.
AUDREY ROSE HERMAN, BUFFALO, ATTORNEY FOR THE CHILDREN.
PRESENT: WHALEN, P.J., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to the three subject children on the grounds of mental illness and intellectual disability (see Social Services Law § 384–b [4 ][c] ). Although the petitions here did not allege mental illness as a ground for termination of the mother's parental rights, the mother "did not object to the evidence relating to that ground" ( Matter of Tiffany M. [Jolanda M.] , 88 A.D.3d 1299, 1299, 930 N.Y.S.2d 388 [4th Dept. 2011], lv denied 18 N.Y.3d 803, 2012 WL 16457 [2012] ), and we thus conclude that, contrary to the mother's contention, Family Court did not err in sua sponte conforming the petitions to the proof (see Matter of Angel L.H. [Melissa H.] , 85 A.D.3d 1637, 1637, 924 N.Y.S.2d 888 [4th Dept. 2011], lv denied 17 N.Y.3d 711, 2011 WL 4835708 [2011] ; Matter of A.G. , 253 A.D.2d 318, 320–321, 686 N.Y.S.2d 396 [1st Dept. 1999] ; see also Tiffany M. , 88 A.D.3d at 1299, 930 N.Y.S.2d 388 ; see generally Family Ct. Act. § 1051[b] ).
We have reviewed the mother's remaining contentions and conclude that none warrants modification or reversal of the order.