In re Barbara Anne B.

Appellate Division of the Supreme Court of New York

In re Barbara Anne B.

51 A.D.3d 1018, 859 N.Y.S.2d 248

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 2008

StatusPublished

Cited by9 cases

This text of 51 A.D.3d 1018 (In re Barbara Anne B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Barbara Anne B., 51 A.D.3d 1018, 859 N.Y.S.2d 248 (N.Y. Ct. App. 2008).

Pincite

Opinion

In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground, inter alia, of mental retardation, the mother appeals, as limited by her brief, from so much of three orders of fact-finding and disposition of the Family Court, Kings County (Elkins, J.), all dated May 25, 2007 (one as to each child), as, after a fact-finding hearing, terminated her parental rights on the ground of mental retardation and transferred custody of the subject children to New Alternatives For Children, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Ordered that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother’s contention, the Family Court did not err in failing to, sua sponte, appoint a guardian ad litem for her. The record demonstrates that, despite her mental retardation, the mother was capable of understanding the proceedings, defending her rights, and assisting counsel (see CPLR 1201; Matter of Shawndalaya II., 31 AD3d 823, 824-825 [2006]; Matter of Justice T., 19 AD3d 1079, 1080 [2005]; Matter of Philip R., 293 AD2d 547, 548 [2002]; Matter of Casey J., 251 AD2d 1002 [1998]; cf. Anonymous v Anonymous, 256 AD2d 90, 91 [1998]). Prudenti, PJ., Miller, Garni and Chambers, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground, inter alia, of mental retardation, the mother appeals, as limited by her brief, from so much of three orders of fact-finding and disposition of the Family Court, Kings County (Elkins, J.), all dated May 25, 2007 (one as to each child), as, after a fact-finding hearing, terminated her parental rights on the ground of mental retardation and transferred custody of the subject children to New Alternatives For Children, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Ordered that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother’s contention, the Family Court did not err in failing to, sua sponte, appoint a guardian ad litem for her. The record demonstrates that, despite her mental retardation, the mother was capable of understanding the proceedings, defending her rights, and assisting counsel (see CPLR 1201; Matter of Shawndalaya II., 31 AD3d 823, 824-825 [2006]; Matter of Justice T., 19 AD3d 1079, 1080 [2005]; Matter of Philip R., 293 AD2d 547, 548 [2002]; Matter of Casey J., 251 AD2d 1002 [1998]; cf. Anonymous v Anonymous, 256 AD2d 90, 91 [1998]). Prudenti, PJ., Miller, Garni and Chambers, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.3d 1018, 859 N.Y.S.2d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-barbara-anne-b-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack