In re the Guardianship of Elizabeth J.

Appellate Division of the Supreme Court of New York

In re the Guardianship of Elizabeth J.

282 A.D.2d 315, 724 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 3867

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

DecidedApril 17, 2001

StatusPublished

This text of 282 A.D.2d 315 (In re the Guardianship of Elizabeth J.) 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 the Guardianship of Elizabeth J., 282 A.D.2d 315, 724 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 3867 (N.Y. Ct. App. 2001).

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Opinion

—Order of disposition, Family Court, New York County (Rhonda Cohen, J.), entered June 16, 1998, insofar as appealed from, terminating respondent-appellant’s parental rights to subject child and committing the child’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, upon a fact-finding determination of mental illness, unanimously affirmed, without costs.

Clear and convincing evidence of respondent’s mental illness within the meaning of Social Services Law § 384-b (4) (c) was provided by proof of her lengthy history of mental illness and poor compliance with treatment plans, and the opinion testimony of the psychiatrist who interviewed her and reviewed her psychiatric history (see, Matter of Joseph Alfred R., 279 AD2d 308). That the psychiatrist was unable to review all of respondent’s clinical records is not, by itself, reason for discrediting her testimony (see, Matter of Tyesha W., 259 AD2d 349). That the best interests of the child are served by remaining with the foster parents is amply supported by the record. Concur — Nardelli, J. P., Mazzarelli, Andrias, Saxe and Friedman, JJ.

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—Order of disposition, Family Court, New York County (Rhonda Cohen, J.), entered June 16, 1998, insofar as appealed from, terminating respondent-appellant’s parental rights to subject child and committing the child’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, upon a fact-finding determination of mental illness, unanimously affirmed, without costs.

Clear and convincing evidence of respondent’s mental illness within the meaning of Social Services Law § 384-b (4) (c) was provided by proof of her lengthy history of mental illness and poor compliance with treatment plans, and the opinion testimony of the psychiatrist who interviewed her and reviewed her psychiatric history (see, Matter of Joseph Alfred R., 279 AD2d 308). That the psychiatrist was unable to review all of respondent’s clinical records is not, by itself, reason for discrediting her testimony (see, Matter of Tyesha W., 259 AD2d 349). That the best interests of the child are served by remaining with the foster parents is amply supported by the record. Concur — Nardelli, J. P., Mazzarelli, Andrias, Saxe and Friedman, JJ.

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282 A.D.2d 315, 724 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 3867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-of-elizabeth-j-nyappdiv-2001.

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