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Matter of Pariis L

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 501 (N.Y. App. Div. 2001)

Opinion

Submitted June 21, 2001.

August 27, 2001.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of mental illness, the father appeals from an order of disposition of the Family Court, Kings County (Grosvenor, J.), dated May 3, 2000, which, after a fact-finding hearing, terminated his parental rights with respect to the child and transferred custody and guardianship of the child to the Commissioner of the Administration for Children's Services for purposes of adoption.

Linda A. Goldman, New York, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for respondent.

Monica Drinane, New York, N.Y. (Patricia S. Colella of counsel), Law Guardian for the child.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.


ORDERED that the order of disposition is affirmed, without costs or disbursements.

The petitioner agency established by clear and convincing evidence that the appellant, presently and for the foreseeable future, will be unable to provide proper and adequate care for his child (see, Social Services Law § 384-b[c]; Matter of Hime Y., 52 N.Y.2d 242). After interviewing the appellant and reviewing the appellant's records, the court-appointed psychiatrist testified that the appellant suffers from paranoid schizophrenia. She opined that because of the long-term nature of the illness, the severity of the symptoms that have manifested, the appellant's noncompliance with treatment, and his lack of insight about his illness, the child, if returned to the appellant, would be at risk of being neglected in the present and in the foreseeable future. This evidence supported the Family Court's findings (see, Matter of Laura D., 270 A.D.2d 260; Matter of Commitment of Gilbert R., 247 A.D.2d 227).

KRAUSMAN, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.


Summaries of

Matter of Pariis L

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 501 (N.Y. App. Div. 2001)
Case details for

Matter of Pariis L

Case Details

Full title:IN THE MATTER OF PARIIS L. (ANONYMOUS). ROBERT P. (ANONYMOUS), appellant…

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

Date published: Aug 27, 2001

Citations

286 A.D.2d 501 (N.Y. App. Div. 2001)
729 N.Y.S.2d 631

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