In re Lonette Monique C.

Appellate Division of the Supreme Court of New York

In re Lonette Monique C.

236 A.D.2d 880, 653 N.Y.S.2d 760, 1997 N.Y. App. Div. LEXIS 1863

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

DecidedFebruary 7, 1997

StatusPublished

Cited by2 cases

This text of 236 A.D.2d 880 (In re Lonette Monique C.) 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.

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In re Lonette Monique C., 236 A.D.2d 880, 653 N.Y.S.2d 760, 1997 N.Y. App. Div. LEXIS 1863 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed without costs. Memorandum: We reject the argument that petitioner failed to prove by clear and convincing evidence that respondent is not capable of caring for her children now or in the foreseeable future by reason of mental disease (cf., Matter of Shaneek Christal W., 122 AD2d 215, 216). The court-appointed psychiatrist testified that respondent had been hospitalized for mental illness in the past and was diagnosed as suffering from schizophrenia; that she continues to demonstrate symptoms of that disease, which is now in remission; that she lacks insight into the disease; and that she refuses to take the medications prescribed for her psychiatric condition. Respondent’s mother testified that respondent continues to manifest bizarre behavior. That testimony is sufficient to support the determination (see, Matter of Naticia Q., 226 AD2d 755; Matter of Bry[881]*881ant S., 188 AD2d 1078; Matter of Demetrius F., 176 AD2d 940). (Appeal from Order of Erie County Family Court, Townsend, J.—Neglect.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

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—Order unanimously affirmed without costs. Memorandum: We reject the argument that petitioner failed to prove by clear and convincing evidence that respondent is not capable of caring for her children now or in the foreseeable future by reason of mental disease (cf., Matter of Shaneek Christal W., 122 AD2d 215, 216). The court-appointed psychiatrist testified that respondent had been hospitalized for mental illness in the past and was diagnosed as suffering from schizophrenia; that she continues to demonstrate symptoms of that disease, which is now in remission; that she lacks insight into the disease; and that she refuses to take the medications prescribed for her psychiatric condition. Respondent’s mother testified that respondent continues to manifest bizarre behavior. That testimony is sufficient to support the determination (see, Matter of Naticia Q., 226 AD2d 755; Matter of Bry[881]*881ant S., 188 AD2d 1078; Matter of Demetrius F., 176 AD2d 940). (Appeal from Order of Erie County Family Court, Townsend, J.—Neglect.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

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236 A.D.2d 880, 653 N.Y.S.2d 760, 1997 N.Y. App. Div. LEXIS 1863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lonette-monique-c-nyappdiv-1997.

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