Opinion
(920.2) CAF 00-02410
July 3, 2001.
Appeal from Order of Genesee County Family Court, Graney, J. — Terminate Parental Rights.
Order unanimously affirmed without costs.
Before: HAYES, J.P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Memorandum:
Family Court properly terminated the parental rights of respondent with respect to her son on the ground of mental retardation. Petitioner established by clear and convincing evidence that respondent suffers from "subaverage intellectual functioning which originate[d] during the developmental period and is associated with impairment in adaptive behavior to such an extent that if such child were placed in or returned to the custody of the parent, the child would be in danger of becoming a neglected child" (Social Services Law § 384-b [b]; see, Social Services Law § 384-b [g]). Petitioner further established that respondent is "presently and for the foreseeable future unable, by reason of * * * mental retardation, to provide proper and adequate care" for her son (Social Services Law § 384-b [c]; see generally, Matter of Joyce T., 65 N.Y.2d 39, 45-46; Matter of Harry K., 270 A.D.2d 928; Matter of Abby B., 269 A.D.2d 819). Respondent's counsel acquiesced in the informal nature of the dispositional phase of the proceeding ( see, Matter of Ruthanne F., 265 A.D.2d 829, 830; see generally, Family Ct Act § 625 [a]), and thus respondent has failed to preserve for our review her contention that the court erred in failing to conduct a dispositional hearing ( see, Matter of Nahja I., 279 A.D.2d 666, 668; Matter of April B., 242 A.D.2d 926, 927). In any event, the court did not err in failing to conduct a dispositional hearing ( see, Matter of Joyce T., supra, at 46; Matter of Harry K., supra, at 928; Matter of April B., supra, at 927).