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Matter of Aridyse Ashely J

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1997
242 A.D.2d 438 (N.Y. App. Div. 1997)

Opinion

September 16, 1997

Appeal from Family Court, New York County (Ruth Jane Zuckerman, J.)


Petitioners' proof of respondent's long history of chronic mental illness requiring frequent hospitalization and failure to adhere to any treatment plan, together with the conclusion of the court-appointed psychiatrist that there was no possibility of improvement in the foreseeable future, constitutes clear and convincing evidence that respondent is presently and for the foreseeable future unable to provide proper and adequate care for the children due to mental illness, and warrants termination of her parental rights pursuant to Social Services Law § 384-b (4) (c) ( see, Matter of Angela Marie N., 223 A.D.2d 423, lv denied 88 N.Y.2d 814; Matter of Alberto C., 215 A.D.2d 232; Matter of Belinda S., 189 A.D.2d 679, lv denied 81 N.Y.2d 706). That respondent's expert believes that her problems are drug-induced rather than psychiatric does not preclude this finding. The court's disposition committing guardianship and custody of the children to the respective petitioners was soundly based on the children's best interests ( see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148). We have considered respondent's other contentions and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Ellerin and Williams, JJ.


Summaries of

Matter of Aridyse Ashely J

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1997
242 A.D.2d 438 (N.Y. App. Div. 1997)
Case details for

Matter of Aridyse Ashely J

Case Details

Full title:In the Matter of ARIDYSE ASHLEY J. and Others, Infants. COMMISSIONER OF…

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

Date published: Sep 16, 1997

Citations

242 A.D.2d 438 (N.Y. App. Div. 1997)
662 N.Y.S.2d 47

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