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; 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.
PRESENT:
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.
Appeal from an order of the Family Court, Cattaraugus County (Michael J. Sullivan, A.J.), entered June 7, 2018 in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent with respect to the subject children.
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 AD3d 1299, 1299 [4th Dept 2011], lv denied 18 NY3d 803 [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 AD3d 1637, 1637 [4th Dept 2011], lv denied 17 NY3d 711 [2011]; Matter of A.G., 253 AD2d 318, 320-321 [1st Dept 1999]; see also Tiffany M., 88 AD3d at 1299; 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.
Entered: November 8, 2019
Mark W. Bennett
Clerk of the Court