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In re Ashanti

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 2008
56 A.D.3d 373 (N.Y. App. Div. 2008)

Opinion

No. 4653.

November 25, 2008.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 11, 2007, which, upon a finding of mental illness, terminated respondent mother's parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Patricia W. Jellen, Eastchester, for appellant.

Magovern Sclafani, New York (Joanna M. Roberson of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), Law Guardian.

Lippman, P.J., Gonzalez, Moskowitz, Acosta and Renwick, JJ.


While respondent has made noteworthy progress in many areas, clear and convincing evidence supports the finding that she is, by reason of mental illness, presently and for the foreseeable future, unable to provide proper and adequate care for her child (Social Services Law § 384-b [c]; [6] [a]; Matter of Lashawn Shanteal R., 14 AD3d 467).

Contrary to respondent's contention, Family Court properly credited the opinion of the court-appointed psychiatrist over that of respondent's experts, and the court's determination regarding credibility of the witnesses is entitled to great weight on appeal ( see Matter of Amanda Ann B., 38 AD3d 537). Moreover, respondent's experts were focused only on her immediate problems, rather than her longstanding personality issues, and their testimony was based largely on respondent's self-reporting ( see Matter of Evelyn B., 37 AD3d 991, 993).

A dispositional hearing was not necessary to find that termination of parental rights is in the best interests of the child ( Matter of Leomia Louise C., 41 AD3d 249, 250; see also Matter of Joyce T., 65 NY2d 39, 49).


Summaries of

In re Ashanti

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 2008
56 A.D.3d 373 (N.Y. App. Div. 2008)
Case details for

In re Ashanti

Case Details

Full title:In the Matter of ASHANTI A., an Infant. CHRISTINA A., Appellant; CATHOLIC…

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

Date published: Nov 25, 2008

Citations

56 A.D.3d 373 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9265
869 N.Y.S.2d 20

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