In re Susan Elizabeth Z.

Appellate Division of the Supreme Court of New York

In re Susan Elizabeth Z.

62 A.D.3d 469, 877 N.Y.S.2d 891

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

DecidedMay 12, 2009

StatusPublished

This text of 62 A.D.3d 469 (In re Susan Elizabeth Z.) 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 Susan Elizabeth Z., 62 A.D.3d 469, 877 N.Y.S.2d 891 (N.Y. Ct. App. 2009).

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Opinion

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about June 14, 2007, insofar as appealed from, terminating respondent-appellant’s parental rights to the subject children upon a finding of mental illness, unanimously affirmed, without costs.

The finding of mental illness (Social Services Law § 384-b [4] [c]; [6] [a]) is supported by clear and convincing evidence. In particular, the court-appointed psychologist, who interviewed and tested respondent, reviewed records spanning 11 years from medical providers, mental health and other service providers and foster care agencies, and found, in addition to mental illness, significant cognitive impairments, poor insight and a poor prognosis (see Matter of Robert K., 56 AD3d 353 [2008]). That respondent’s expert interviewed respondent eight months after the court-appointed expert provides no basis for disturbing Family Court’s findings crediting the opinion of the court-appointed expert over that of respondent’s expert (see Matter of Ashanti A., 56 AD3d 373, 373 [2008]), who did not review respondent’s medical or psychiatric records, and knew nothing about her mental health history and cognitive impairments (see id. at [470]*470374). Concur—Gonzalez, P.J., Tom, Catterson, Richter and Abdus-Salaam, JJ.

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Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about June 14, 2007, insofar as appealed from, terminating respondent-appellant’s parental rights to the subject children upon a finding of mental illness, unanimously affirmed, without costs.

The finding of mental illness (Social Services Law § 384-b [4] [c]; [6] [a]) is supported by clear and convincing evidence. In particular, the court-appointed psychologist, who interviewed and tested respondent, reviewed records spanning 11 years from medical providers, mental health and other service providers and foster care agencies, and found, in addition to mental illness, significant cognitive impairments, poor insight and a poor prognosis (see Matter of Robert K., 56 AD3d 353 [2008]). That respondent’s expert interviewed respondent eight months after the court-appointed expert provides no basis for disturbing Family Court’s findings crediting the opinion of the court-appointed expert over that of respondent’s expert (see Matter of Ashanti A., 56 AD3d 373, 373 [2008]), who did not review respondent’s medical or psychiatric records, and knew nothing about her mental health history and cognitive impairments (see id. at [470]*470374). Concur—Gonzalez, P.J., Tom, Catterson, Richter and Abdus-Salaam, JJ.

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Bluebook (online)

62 A.D.3d 469, 877 N.Y.S.2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-susan-elizabeth-z-nyappdiv-2009.

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