Opinion
440 CAF 16–00952
04-27-2018
In the MATTER OF JASON B., Laura B., Sara B., and Miranda B. Yates County Department of Social Services, Petitioner–Respondent; v. Gerald B., Respondent, and Phyllis B., Respondent–Appellant.
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–APPELLANT. TYSON BLUE, MACEDON, FOR PETITIONER–RESPONDENT. JOSEPH S. DRESSNER, CANANDAIGUA, ATTORNEY FOR THE CHILDREN. MARYBETH D. BARNET, CANANDAIGUA, ATTORNEY FOR THE CHILD.
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–APPELLANT.
TYSON BLUE, MACEDON, FOR PETITIONER–RESPONDENT.
JOSEPH S. DRESSNER, CANANDAIGUA, ATTORNEY FOR THE CHILDREN.
MARYBETH D. BARNET, CANANDAIGUA, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:
Respondent mother appeals from an order that, inter alia, terminated her parental rights on the ground of mental illness. We affirm.
We note at the outset that the mother contends that Family Court committed reversible error in relying on the testimony of the psychologist who examined her because his opinion was based in part on inadmissible hearsay. The mother failed to object to the testimony of that psychologist on that ground, however, and thus failed to preserve her contention for our review (see Matter of Isobella A. [Anna W.], 136 A.D.3d 1317, 1319, 25 N.Y.S.3d 465 [4th Dept. 2016] ). Contrary to the mother's further contention, we conclude that petitioner established "by clear and convincing evidence that [the mother], by reason of mental illness, is presently and for the foreseeable future unable to provide proper and adequate care for her children" ( Matter of Jarred R., 236 A.D.2d 888, 888, 654 N.Y.S.2d 64 [4th Dept. 1997] ; see Social Services Law § 384–b [3 ][g][i]; [4][c] ). The psychologist who examined the mother testified that the mother suffered from personality disorder that rendered her unable to parent the children effectively, and that the children would be in danger of being neglected if they were returned to her care at the present time or in the foreseeable future (see Matter of Jason B. [Gerald B.], 155 A.D.3d 1575, 1575, 63 N.Y.S.3d 630 [4th Dept. 2017], lv denied 31 N.Y.3d 901, –––N.Y.S.3d ––––, ––– N.E.3d –––– [2018] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.