Opinion
15040B, 15040A, 15040
05-07-2015
In re KASSIERMA EARLINE J., etc., and Others, Dependent Children Under the Age of Eighteen Years, etc., Kim J., etc., Respondent–Appellant, Graham–Windham Services to Families and Children, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Ralph R. Carrieri, Mineola, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
Ralph R. Carrieri, Mineola, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
FRIEDMAN, J.P., ACOSTA, RICHTER, GISCHE, JJ.
Opinion Orders, Family Court, Bronx County (Linda Tally, J.), entered on or about November 25, 2013, which, inter alia, upon a finding that respondent mother suffers from a mental illness, terminated the mother's parental rights to the subject children, and transferred custody and guardianship of the children to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.
The finding that the mother suffers from a mental illness that impairs her ability to properly care for the children presently and for the foreseeable future was supported by clear and convincing evidence (see Social Services Law § 384–b[4][c] ; [6][a] ). The testimony and evaluation report of the psychologist showed that the mother was provisionally diagnosed with schizophrenia and bipolar disorder, and possibly with schizoaffective disorder, post-traumatic stress disorder and cannabis abuse. The psychologist opined, based on the mother's extensive psychiatric history and medical records, that the condition was chronic, and included auditory and visual hallucinations, paranoid ideation and disorganized thinking. She was also not consistently compliant with medication and treatment, and lacked insight into her illness (see Matter of Roberto A. [Altagracia A.], 73 A.D.3d 501, 899 N.Y.S.2d 839 [1st Dept.2010], lv. denied 15 N.Y.3d 703, 2010 WL 2605873 [2010] ; Matter of Robert K., 56 A.D.3d 353, 869 N.Y.S.2d 14 [1st Dept.2008], lv. denied 12 N.Y.3d 704, 876 N.Y.S.2d 705, 904 N.E.2d 842 [2009] ; Matter of Aridyse Ashley J., 242 A.D.2d 438, 662 N.Y.S.2d 47 [1st Dept.1997], lv. denied 91 N.Y.2d 803, 668 N.Y.S.2d 558, 691 N.E.2d 630 [1997] ).
A separate dispositional hearing was not required to terminate the mother's parental rights, and the record supports the court's determination that this disposition was in the best interests of the children (see Matter of Joyce T., 65 N.Y.2d 39, 49, 489 N.Y.S.2d 705, 478 N.E.2d 1306 [1985] ; Matter of Jeremiah M. [Sabrina Ann M.], 109 A.D.3d 736, 737, 971 N.Y.S.2d 524 [1st Dept.2013], lv. denied 22 N.Y.3d 856, 2013 WL 6097219 [2013] ).
We have considered the mother's remaining arguments and find them unavailing.