PETITIONER RESPONDENT REBECCA RESPONDENT APPELLANT v. << (2012)

Supreme Court, Appellate Division, Fourth Department.

PETITIONER–RESPONDENT; REBECCA B., RESPONDENT–APPELLANT.

CAF 11–00619

Decided: June 08, 2012

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

EVELYNE O'SULLIVAN, EAST AMHERST, FOR RESPONDENT–APPELLANT. JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

DAVID C. SCHOPP, ATTORNEY FOR THE CHILD, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR AUBREY A.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to her daughter. Contrary to the mother's contention, Family Court did not err in basing its determination in part upon a psychological report prepared in 2007 in connection with a parental evaluation of the mother at that time. The report concerned the mental fitness of the mother and was therefore relevant to the court's determination of the best interests of the child (see generally Matter of Louise D., 227 A.D.2d 177, 178; Matter of Robin QQ., 226 A.D.2d 805, 806).

Frances E. Cafarell

Clerk of the Court

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