IN RE: GUARDIANSHIP AND CUSTODY OF ROSELYN MERCEDES F. (1997)

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

IN RE: GUARDIANSHIP AND CUSTODY OF ROSELYN MERCEDES F., et al., Dependent Children Under the Age of Eighteen Years, etc., Commissioner of Social Services of the City of New York, et al., Petitioners-Respondents, Miriam G., Respondent-Appellant.

Decided: April 22, 1997

Before MURPHY, P.J., and MILONAS, MAZZARELLI and ANDRIAS, JJ.

Michael F. DeMattio, for Roselyn Mercedes F. Vincent J. Maroney, for Petitioners-Respondents. Joseph V. Moliterno, Respondent-Appellant.

Orders, Family Court, Bronx County (Marjory Fields, J.), entered February 15, 1996, terminating respondent's parental rights to the six subject children upon a finding of mental illness, unanimously affirmed, without costs.

Uncontroverted expert testimony established that respondent is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the six children (Social Services Law § 384-b[4][c], [6][a] ). Notwithstanding that readoptive homes had not been found for all the children, termination of respondent's parental rights is in the best interests of all of them, where, under the most optimistic prognosis, respondent would need at least seven years of therapy and medications before her condition could be normalized (see, Matter of Brett J., 206 A.D.2d 595, 597, 613 N.Y.S.2d 1007, lv. denied 84 N.Y.2d 807, 621 N.Y.S.2d 516, 645 N.E.2d 1216).

MEMORANDUM DECISION.

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