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In the Matter of Katherine L

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2004
8 A.D.3d 124 (N.Y. App. Div. 2004)

Opinion

3923, 3923A.

Decided June 17, 2004.

Orders of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about December 19, 2000, insofar as appealed from, terminating respondent-appellant's parental rights to the subject children upon a finding of mental illness, and committing the children's guardianship and custody to respondent agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

Rosemarie M. Rodman, Pearl River, for appellant.

Warren Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.

Monica Drinane, The Legal Aid Society, New York, and Proskauer Rose LLP, New York (John Ritchie of counsel), law guardian.

Before: Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ.


The finding of mental illness (Social Services Law § 384-b[c], § 384-b[a]) is supported by clear and convincing evidence, including the testimony of the psychiatrist who reviewed respondent's medical records and interviewed him three years earlier ( see Matter of Jemanja B., 287 A.D.2d 298), and the absence of evidence that respondent underwent the substantial therapy that the psychiatrist said was necessary to treat his condition. We have considered and rejected respondent's other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In the Matter of Katherine L

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2004
8 A.D.3d 124 (N.Y. App. Div. 2004)
Case details for

In the Matter of Katherine L

Case Details

Full title:IN RE GUARDIANSHIP, ETC., KATHERINE L. and Another, Children Under the Age…

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

Date published: Jun 17, 2004

Citations

8 A.D.3d 124 (N.Y. App. Div. 2004)
779 N.Y.S.2d 33

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