Opinion
December 14, 1995
Appeal from the Family Court, New York County (Leah Marks, J.).
The unequivocal psychiatric testimony and medical records support the court's finding that petitioner had established, by clear and convincing evidence, that the mother was mentally ill within the meaning of Social Services Law § 384-b (4) (c) ( see, Matter of Keon Lee M., 120 A.D.2d 731; Matter of Sunja S., 175 A.D.2d 132, lv denied 78 N.Y.2d 861).
The court also properly found that clear and convincing evidence had established that the father had permanently neglected his child despite the agency's diligent efforts to strengthen the parental relationship (Social Services Law § 384-b [a]; see, Matter of Sheila G., 61 N.Y.2d 368). Such efforts are subject to the rule of reason ( see, Matter of O. Children, 128 A.D.2d 460, 464), and an agency "is not charged with a guarantee that the parent succeed in overcoming his or her predicaments. Indeed, an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty" ( Matter of Sheila G., supra, at 385). The father maintained only sporadic contact with his son and failed to realistically plan for his future ( see, Matter of Star Leslie W., 63 N.Y.2d 136).
The court did not improvidently exercise its discretion in admitting, over objection, three form letters from the caseworker which the agency failed to turn over ( see, CPLR 3126) as the failure was not willful ( see, Commissioners of State Ins. Fund v Valenzano, 175 A.D.2d 687), the exhibits were brief and capable of review at the hearing, and there was no request for a continuance ( see, Matter of Leon RR, 48 N.Y.2d 117, 123-124).
Finally, as the six year old child had lived with the foster parents all his life and had bonded to the foster family, it was in his best interests to terminate respondents' parental rights in order to facilitate his adoption by the foster parents ( see, Matter of Star Leslie W., supra, at 147-148).
Concur — Ellerin, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.