Matter of Ashanti A.
2008 NY Slip Op 09265 [56 AD3d 373]
November 25, 2008
Appellate Division, First Department
As corrected through Wednesday, January 7, 2009


In the Matter of Ashanti A., an Infant. Christina A., Appellant;Catholic Home Bureau, Respondent.

[*1]Patricia W. Jellen, Eastchester, for appellant.

Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), LawGuardian.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or aboutMay 11, 2007, which, upon a finding of mental illness, terminated respondent mother's parentalrights to the subject child, and committed custody and guardianship of the child to petitioneragency and the Commissioner of Social Services for the purpose of adoption, unanimouslyaffirmed, without costs.

While respondent has made noteworthy progress in many areas, clear and convincingevidence supports the finding that she is, by reason of mental illness, presently and for theforeseeable future, unable to provide proper and adequate care for her child (Social Services Law§ 384-b [4] [c]; [6] [a]; Matter ofLashawn Shanteal R., 14 AD3d 467 [2005]).

Contrary to respondent's contention, Family Court properly credited the opinion of thecourt-appointed psychiatrist over that of respondent's experts, and the court's determinationregarding credibility of the witnesses is entitled to great weight on appeal (see Matter of Amanda Ann B., 38AD3d 537 [2007]). Moreover, respondent's experts were focused only on her immediateproblems, rather than her longstanding personality issues, and their testimony was based largelyon respondent's self-reporting (seeMatter of Evelyn B., 37 AD3d 991, 993 [2007]).

A dispositional hearing was not necessary to find that termination of parental rights is in[*2]the best interests of the child (Matter of Leomia Louise C., 41 AD3d249, 250 [2007]; see also Matter of Joyce T., 65 NY2d 39, 49 [1985]).Concur—Lippman, P.J., Gonzalez, Moskowitz, Acosta and Renwick, JJ.


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