Opinion
CAF 02-00946
June 13, 2003.
Appeal from an order of Family Court, Erie County (Rosa, J.), entered April 10, 2002, which terminated respondent's parental rights.
GWENNOR LLOYD CARR, BUFFALO, FOR RESPONDENT-APPELLANT.
GARY J. WOJTAN, BUFFALO, FOR PETITIONER-RESPONDENT.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR MICHAEL D., BRANDON D., KEIANA D., DOMINICK D., AND AMANDA D.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Family Court properly granted the petition seeking termination of respondent's parental rights. Petitioner met its burden of establishing by clear and convincing evidence that respondent is presently and for the foreseeable future unable to provide proper and adequate care for his children by reason of mental illness or mental retardation ( see Social Services Law 384-b [c]; [6] [a], [b]; Matter of Dylan K., 269 A.D.2d 826, lv denied 95 N.Y.2d 766; Matter of Casey J., 251 A.D.2d 1002). Contrary to respondent's contention, petitioner was not required to establish that it made reasonable or diligent efforts to strengthen and encourage the parental relationship where, as here, the termination of parental rights is sought based on mental illness or mental retardation ( see Matter of Harry K., 270 A.D.2d 928).