From Casetext: Smarter Legal Research

In re Barbara

Appellate Division of the Supreme Court of New York, Second Department
May 27, 2008
51 A.D.3d 1018 (N.Y. App. Div. 2008)

Summary

denying application for guardian ad litem where "[t]he record demonstrate[d] that, despite her mental retardation, the mother was capable of understanding the proceedings, defending her rights, and assisting counsel"

Summary of this case from Mil'Chamot v. N.Y.C. Hous. Auth.

Opinion

Nos. 2007-06158, 2007-06159, 2007-06160, B-20276-05, B-20277-05, B-20278-05.

May 27, 2008.

In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground, inter alia, of mental retardation, the mother appeals, as limited by her brief, from so much of three orders of fact-finding and disposition of the Family Court, Kings County (Elkins, J.), all dated May 25, 2007 (one as to each child), as, after a fact-finding hearing, terminated her parental rights on the ground of mental retardation and transferred custody of the subject children to New Alternatives For Children, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Law Offices of James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for petitioner-respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorney for the children.

Before: Prudenti, P.J., Miller, Carni and Chambers, JJ.


Ordered that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court did not err in failing to, sua sponte, appoint a guardian ad litem for her. The record demonstrates that, despite her mental retardation, the mother was capable of understanding the proceedings, defending her rights, and assisting counsel ( see CPLR 1201; Matter of Shawndalaya II., 31 AD3d 823, 824-825; Matter of Justice T., 19 AD3d 1079, 1080; Matter of Philip R., 293 AD2d 547, 548; Matter of Casey J., 251 AD2d 1002; cf Anonymous v Anonymous, 256 AD2d 90, 91).


Summaries of

In re Barbara

Appellate Division of the Supreme Court of New York, Second Department
May 27, 2008
51 A.D.3d 1018 (N.Y. App. Div. 2008)

denying application for guardian ad litem where "[t]he record demonstrate[d] that, despite her mental retardation, the mother was capable of understanding the proceedings, defending her rights, and assisting counsel"

Summary of this case from Mil'Chamot v. N.Y.C. Hous. Auth.
Case details for

In re Barbara

Case Details

Full title:In the Matter of BARBARA ANNE B. NEW ALTERNATIVES FOR CHILDREN, INC.…

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

Date published: May 27, 2008

Citations

51 A.D.3d 1018 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4868
859 N.Y.S.2d 248

Citing Cases

Suffolk Cnty. Dep't of Soc. Servs. v. Niasia F. (In re Anastasia E. M.)

Contrary to the mother's contention, the Family Court did not err in appointing her a guardian ad litem…

Riordan v. Riordan

Contrary to the appellant's contentions, the Family Court did not err in failing to appoint, sua sponte, a…