IN RE: LISA MARIE S. (Anonymous).

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

IN RE: LISA MARIE S. (Anonymous). Dutchess County Department of Social Services, Respondent; Billie Jo S. (Anonymous), Appellant.  (Proceeding No. 1) In the Matter of Patricia Lynn S. (Anonymous). Dutchess County Department Of Social Services, Respondent; Billie Jo S. (Anonymous), Appellant.  (Proceeding No. 2)

Decided: April 21, 2003

FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS and BARRY A. COZIER, JJ. Carol Kahn, New York, N.Y., for appellant. Ian G. MacDonald, County Attorney, Poughkeepsie, N.Y. (Thomas P. Delpizzo of counsel), for respondent. Arza Feldman, Hauppauge, N.Y., Law Guardian for Lisa Marie S. (Anonymous). Michael S. Bromberg, Sag Harbor, N.Y., Law Guardian for Patricia Lynn S. (Anonymous).

In two related proceedings pursuant to Social Services Law § 384-b to terminate the mother's parental rights on the ground that she is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the children, the mother appeals from an order of fact-finding and disposition (one paper) of the Family Court, Dutchess County (Amodeo, J.), dated March 20, 2001, which, after a hearing, found that she is unable to provide proper and adequate care for the children by reason of mental illness, and terminated her parental rights.

ORDERED that the order is affirmed, without costs or disbursements.

 In the instant proceedings, the petitioner sought to terminate the mother's parental rights with respect to her children, Lisa Marie and Patricia Lynn. Prior to the hearing, the court-ordered psychologist conducted a psychological examination of the mother.   Patricia Lynn's current Law Guardian argues that Patricia's right to have her former Law Guardian present during the mother's psychiatric exam was violated (see Matter of Alexander L., 112 A.D.2d 902, 493 N.Y.S.2d 157;  see also Matter of Jose T., 126 Misc.2d 559, 481 N.Y.S.2d 991).   However, since there is no indication in the record that any request for the former Law Guardian's presence was either made or denied, this argument is without merit (cf.  Matter of Tiffany S., 302 A.D.2d 758, 755 N.Y.S.2d 745;  Matter of Rosemary ZZ., 154 A.D.2d 734, 545 N.Y.S.2d 948;  Matter of John Lawrence M., 142 A.D.2d 950, 531 N.Y.S.2d 149;  Matter of Michael Todd M., 142 A.D.2d 951, 531 N.Y.S.2d 220;  Matter of Kevin R., 112 A.D.2d 462, 490 N.Y.S.2d 875).

 At the hearing, the psychologist, whose testimony was unrefuted, indicated that the mother was mentally retarded.   He further indicated that there was no likelihood that her condition, which, he opined, prevented her from providing adequate care for her children, would ever substantially improve.   Under these circumstances, the Family Court properly terminated her parental rights (see Social Services Law § 384-b[6][b];  Matter of Karan Ann B., 293 A.D.2d 673, 740 N.Y.S.2d 630;  Matter of Shaneeka Tysheeka J., 281 A.D.2d 626, 722 N.Y.S.2d 258;  Matter of Westchester County Dept. of Social Servs. v. Barbara M., 215 A.D.2d 569, 627 N.Y.S.2d 63;  see also Matter of Jasmine F., 298 A.D.2d 997, 748 N.Y.S.2d 308, lv. denied 99 N.Y.2d 506, 755 N.Y.S.2d 712, 785 N.E.2d 734).

The parties' remaining contentions are without merit.

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