In re the Guardianship of Luisa Lara M.

Appellate Division of the Supreme Court of New York

In re the Guardianship of Luisa Lara M.

236 A.D.2d 267, 654 N.Y.S.2d 8, 1997 N.Y. App. Div. LEXIS 1268

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

DecidedFebruary 18, 1997

StatusPublished

Cited by1 cases

This text of 236 A.D.2d 267 (In re the Guardianship of Luisa Lara M.) 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 Luisa Lara M., 236 A.D.2d 267, 654 N.Y.S.2d 8, 1997 N.Y. App. Div. LEXIS 1268 (N.Y. Ct. App. 1997).

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Opinion

—Order of disposition, Family Court, New York County (Ruth Zuckerman, J.), entered August 2, 1994, which, inter alia, terminated respondent’s parental rights to the subject child upon a finding of mental illness, unanimously affirmed, without costs.

The evidence is clear and convincing that respondent mother has suffered from severe mental illness for more than 30 years characterized by a recurring cycle of psychiatric hospitalizations, sometimes for extended periods of time, and that she has functioned at only a marginal level throughout her entire adult life. Since respondent is simply incapable of adequately caring for her child at the present time and has offered no evidence that there is any prospect that she will be capable of doing so in the foreseeable future, Family Court properly granted the petition to terminate her parental rights (see, Matter of Chuckie Douglas M., 188 AD2d 280). Concur—Wallach, J. P., Rubin, Mazzarelli and Andrias, JJ.

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—Order of disposition, Family Court, New York County (Ruth Zuckerman, J.), entered August 2, 1994, which, inter alia, terminated respondent’s parental rights to the subject child upon a finding of mental illness, unanimously affirmed, without costs.

The evidence is clear and convincing that respondent mother has suffered from severe mental illness for more than 30 years characterized by a recurring cycle of psychiatric hospitalizations, sometimes for extended periods of time, and that she has functioned at only a marginal level throughout her entire adult life. Since respondent is simply incapable of adequately caring for her child at the present time and has offered no evidence that there is any prospect that she will be capable of doing so in the foreseeable future, Family Court properly granted the petition to terminate her parental rights (see, Matter of Chuckie Douglas M., 188 AD2d 280). Concur—Wallach, J. P., Rubin, Mazzarelli and Andrias, JJ.

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236 A.D.2d 267, 654 N.Y.S.2d 8, 1997 N.Y. App. Div. LEXIS 1268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-of-luisa-lara-m-nyappdiv-1997.

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