IN RE: Guardianship (2004)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Guardianship, etc., KATHERINE L. and Another, Children Under the Age of Eighteen Years, etc., Hunter L., II, Respondent-Appellant, v. Saint Dominic's Home, et al., Petitioner-Respondent.

Decided: June 17, 2004

BUCKLEY, P.J., NARDELLI, ANDRIAS, WILLIAMS, GONZALEZ, JJ.

Rosemarie M. Rodman, Pearl River, for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent. Monica Drinane, The Legal Aid Society, New York, and Proskauer Rose LLP, New York (John Ritchie of counsel), law guardian.

Orders of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about December 19, 2000, insofar as appealed from, terminating respondent-appellant's parental rights to the subject children upon a finding of mental illness, and committing the children's guardianship and custody to respondent agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

The finding of mental illness (Social Services Law § 384-b[4][c], § 384-b[6] [a] ) is supported by clear and convincing evidence, including the testimony of the psychiatrist who reviewed respondent's medical records and interviewed him three years earlier (see Matter of Jemanja B., 287 A.D.2d 298, 731 N.Y.S.2d 361), and the absence of evidence that respondent underwent the substantial therapy that the psychiatrist said was necessary to treat his condition. We have considered and rejected respondent's other arguments.

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