Opinion
281 CAF 20-00201
03-26-2021
In the MATTER OF MALACHI S., also Known as Malachi W. Monroe County Department of Human Services, Petitioner-Respondent; v. Teresa S., Respondent-Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR RESPONDENT-APPELLANT. JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (CAROL L. EISENMAN OF COUNSEL), FOR PETITIONER-RESPONDENT. ELLA MARSHALL, ROCHESTER, ATTORNEY FOR THE CHILD.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR RESPONDENT-APPELLANT.
JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (CAROL L. EISENMAN OF COUNSEL), FOR PETITIONER-RESPONDENT.
ELLA MARSHALL, ROCHESTER, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent mother appeals from an order that terminated her parental rights with respect to the subject child on the ground of mental illness. We affirm.
The mother contends that a new trial is required because Family Court permitted the mother's guardian ad litem to absent herself from a portion of the termination proceeding. That contention is unpreserved inasmuch as the mother's counsel did not move for an adjournment of the proceeding or object on the ground that the guardian ad litem was absent (see generally Matter of Justin T. [Wanda T.-Joseph M.] , 154 A.D.3d 1338, 1339-1340, 61 N.Y.S.3d 788 [4th Dept. 2017], lv denied 30 N.Y.3d 910, 2018 WL 773142 [2018] ). In any event, although the better practice would have been to have the guardian ad litem present, under the circumstances of this case, any error was harmless (see generally Matter of Steven D., Jr. [Steven D., Sr.] , 188 A.D.3d 1770, 1772, 132 N.Y.S.3d 905 [4th Dept. 2020] ).