In re Tiffany T.

Appellate Division of the Supreme Court of New York

In re Tiffany T.

45 A.D.3d 319, 845 N.Y.S.2d 258

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

DecidedNovember 8, 2007

StatusPublished

This text of 45 A.D.3d 319 (In re Tiffany T.) 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 Tiffany T., 45 A.D.3d 319, 845 N.Y.S.2d 258 (N.Y. Ct. App. 2007).

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Opinion

[320]*320Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about October 7, 2005, which terminated respondent mother’s parental rights to the subject child upon a finding of mental retardation, and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports the court’s finding that respondent mother, by reason of her mental retardation, poor adaptive functioning and depression, is unable, at present and for the foreseeable future, to provide proper and adequate care for the subject child, who has special needs (see Social Services Law § 384-b [4] [c]; [6] [b]; Matter of Leomia Louise C., 41 AD3d 249 [2007]). Although there was evidence of a strong bond between respondent and her daughter, the evidence demonstrates that termination of respondent’s parental rights was in the child’s best interests (see Matter of Joyce T., 65 NY2d 39, 49-50 [1985]). Concur—Andrias, J.P., Saxe, Nardelli, McGuire and Malone, JJ.

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[320]*320Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about October 7, 2005, which terminated respondent mother’s parental rights to the subject child upon a finding of mental retardation, and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports the court’s finding that respondent mother, by reason of her mental retardation, poor adaptive functioning and depression, is unable, at present and for the foreseeable future, to provide proper and adequate care for the subject child, who has special needs (see Social Services Law § 384-b [4] [c]; [6] [b]; Matter of Leomia Louise C., 41 AD3d 249 [2007]). Although there was evidence of a strong bond between respondent and her daughter, the evidence demonstrates that termination of respondent’s parental rights was in the child’s best interests (see Matter of Joyce T., 65 NY2d 39, 49-50 [1985]). Concur—Andrias, J.P., Saxe, Nardelli, McGuire and Malone, JJ.

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45 A.D.3d 319, 845 N.Y.S.2d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tiffany-t-nyappdiv-2007.

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