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In the Matter of Julia P

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2004
8 A.D.3d 389 (N.Y. App. Div. 2004)

Opinion

2003-04480.

Decided June 7, 2004.

In a proceeding pursuant to Social Services Law § 384-b to terminate the mother's parental rights on the ground of mental illness, the mother appeals from so much of an order of fact-finding and disposition of the Family Court, Orange County (Kiedaisch, J.), entered April 11, 2003, as, after a fact-finding hearing, found that she is unable to provide proper and adequate care for the subject children by reason of her mental illness, terminated her parental rights, and transferred custody and guardianship of the children to the Orange County Department of Social Services for the purpose of adoption.

Michele Marte-Indzonka, Newburgh, N.Y., for appellant.

Catherine M. Bartlett, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent.

Richard N. Lentino, Middletown, N.Y., Law Guardian for the children.

Before: SONDRA MILLER, J.P., THOMAS A. ADAMS, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, 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 illness, to provide proper and adequate care for the subject children ( see Social Services Law § 384-b[c]; Matter of Karan Ann B., 293 A.D.2d 673; Matter of Angel Guardian Home v. Nereida C., 199 A.D.2d 500).

The Family Court providently exercised its discretion by not conducting a separate dispositional hearing ( see Matter of Joyce T., 65 N.Y.2d 39, 46; Matter of Erica D., 294 A.D.2d 435, 436; Matter of Children's Aid Socy., 237 A.D.2d 353, 354; Matter of Michelle H., 228 A.D.2d 440, 441).

S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.


Summaries of

In the Matter of Julia P

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2004
8 A.D.3d 389 (N.Y. App. Div. 2004)
Case details for

In the Matter of Julia P

Case Details

Full title:IN THE MATTER OF JULIA P. (ANONYMOUS), ET AL. ORANGE COUNTY DEPARTMENT OF…

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

Date published: Jun 7, 2004

Citations

8 A.D.3d 389 (N.Y. App. Div. 2004)
777 N.Y.S.2d 729

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