From Casetext: Smarter Legal Research

Matter of Jose Antonio G

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1998
248 A.D.2d 278 (N.Y. App. Div. 1998)

Opinion

March 24, 1998

Appeal from the Family Court, Bronx County (Harold Lynch, J.).


The evidence adduced at the hearing clearly and convincingly established that appellant is afflicted with mental illness and mental retardation resulting in fundamentally impaired judgment and an inability to provide adequately and properly for the subject children ( see, Social Services Law § 384-b [c]; [6] [a], [b]). We see no reason to disturb the court's evaluation of expert testimony. There was ample evidence that appellant's cognitive abilities were so significantly deficient that she could not perform elementary tasks required for independent living ( see, Matter of Jessica Latasha B., 234 A.D.2d 48).

Appellant's challenge to the admissibility of case records prepared by the child care agency is without merit. These business records were admitted upon a proper foundation ( see, CPLR 4518 [a]; Matter of Brooke Louise H., 158 A.D.2d 425).

Concur — Sullivan, J. P., Milonas, Rosenberger and Tom, JJ.


Summaries of

Matter of Jose Antonio G

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1998
248 A.D.2d 278 (N.Y. App. Div. 1998)
Case details for

Matter of Jose Antonio G

Case Details

Full title:In the Matter of the Guardianship of JOSE ANTONIO G. and Others, Infants…

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

Date published: Mar 24, 1998

Citations

248 A.D.2d 278 (N.Y. App. Div. 1998)
670 N.Y.S.2d 77

Citing Cases

In re Melody Xena A.

There was clear and convincing evidence that respondent is, by reason of her mental retardation, unable…