IN RE: NEVEAH G. AND NAYAIREE G. (2017)

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

IN RE: NEVEAH G. AND NAYAIREE G. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER–RESPONDENT; ANTHONY G., RESPONDENT–APPELLANT. (APPEAL NO. 2.)

CAF 15–01718

Decided: December 22, 2017

PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT. ROSEMARY L. BAPST, BUFFALO, FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

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

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

Memorandum: Respondent father appeals from an order terminating his parental rights with respect to the subject children pursuant to Social Services Law § 384–b (4)(c). We affirm. In light of the overwhelming evidence of the father's mental illness and his resulting inability to parent the subject children adequately (see Matter of Neveah G. [Jahkeya A.], _ AD3d _, _ [Dec. 22, 2017] [4th Dept 2017] ), any improperly admitted hearsay is harmless (see Matter of Akayla M. [Marie M.], 151 AD3d 1684, 1685 [4th Dept 2017], lv denied 30 NY3d 901 [2017]; Matter of Alyshia M.R., 53 AD3d 1060, 1061 [4th Dept 2008], lv denied 11 NY3d 707 [2008] ). The father lacks standing to raise his remaining contention (see Matter of Andrew Z., 41 AD3d 912, 913 [3d Dept 2007] ).

Mark W. Bennett

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network