David Judah P. v. Children's Aid Soc. (In re Skylar F.)

Full title: In re SKYLAR F., also known as Skylar Me'Shelle P., A Child Under the Age…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 30, 2014

121 A.D.3d 611 (N.Y. App. Div. 2014)

995 N.Y.S.2d 63

2014 N.Y. Slip Op. 7426

Opinion

13346.

10-30-2014

In re SKYLAR F., also known as Skylar Me'Shelle P., A Child Under the Age of Eighteen Years, etc., David Judah P., Respondent–Appellant, Children's Aid Society, Petitioner–Respondent, Christina F., etc., Respondent.

Neal D. Futerfas, White Plains, for appellant. Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for Children's Aid Society, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.

Neal D. Futerfas, White Plains, for appellant.

Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for Children's Aid Society, respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.

MAZZARELLI, J.P., ACOSTA, SAXE, RICHTER, CLARK, JJ.

Opinion Order, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about July 23, 2013, which, upon a finding of mental illness, terminated respondent father's parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence, including the uncontroverted expert testimony of the court-appointed psychologist who testified that respondent suffers from schizophrenia, supports the determination that respondent is presently and for the foreseeable future unable to provide proper and adequate care for the child (Social Services Law § 384–b[4][c] ; Matter of Justin Javonte R. [Leticia W.], 103 A.D.3d 524, 960 N.Y.S.2d 86 [1st Dept.2013] ).Contrary to respondent's contention, his medical records containing diagnoses are admissible under the business record exception to the hearsay rule, as germane to his treatment (see Matter of Anthony H. [Karpati], 82 A.D.3d 1240, 1241, 919 N.Y.S.2d 214 [2d Dept.2011], lv. denied 17 N.Y.3d 708, 2011 WL 4030052 [2011] ).

We have considered respondent's remaining contentions and find them unavailing.