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IN RE: ARIDYSE ASHLEY J., et al., Dependent Children Under the Age of Eighteen Years, etc., Commissioner of Social Services of the City of New York, Petitioner-Respondent, Paulette J., Respondent-Appellant. In re NISSAN JACQUIN J., Dependent Child Under the Age of Eighteen Years, etc., Cardinal McCloskey Children and Family Services, et al., Petitioners-Respondents, Paulette J., Respondent-Appellant.
Orders of disposition, Family Court, New York County (Ruth Jane Zuckerman, J.), entered on or about January 30, 1995 and January 19, 1996, terminating respondent's parental rights to the subject children, upon a finding of mental illness, and committing guardianship and custody of the children to the respective petitioners, unanimously affirmed, without costs.
Petitioners' proof of respondent's long history of chronic mental illness requiring frequent hospitalization and failure to adhere to any treatment plan, together with the conclusion of the court-appointed psychiatrist that there was no possibility of improvement in the foreseeable future, constitutes clear and convincing evidence that respondent is presently and for the foreseeable future unable to provide proper and adequate care for the children due to mental illness, and warrants termination of her parental rights pursuant to Social Services Law § 384-b(4)(c) (see, Matter of Angela Marie N., 223 A.D.2d 423, 636 N.Y.S.2d 758, lv. denied 88 N.Y.2d 814, 651 N.Y.S.2d 15, 673 N.E.2d 1242; Matter of Alberto C., 215 A.D.2d 232, 626 N.Y.S.2d 193, Matter of Belinda S., 189 A.D.2d 679, 592 N.Y.S.2d 372, lv. denied 81 N.Y.2d 706, 597 N.Y.S.2d 936, 613 N.E.2d 968). That respondent's expert believes that her problems are drug-induced rather than psychiatric does not preclude this finding. The court's disposition committing guardianship and custody of the children to the respective petitioners was soundly based on the children's best interests (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824). We have considered respondent's other contentions and find them to be without merit.
MEMORANDUM DECISION.
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Decided: September 16, 1997
Court: Supreme Court, Appellate Division, First Department, New York.
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