| Matter of Shahida M. |
| 2009 NY Slip Op 00808 [59 AD3d 976] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| In the Matter of Shahida M. and Another, Infants. Erie CountyDepartment of Social Services, Respondent; Tiffany W., Appellant. |
—[*1] Joseph T. Jarzembek, Buffalo, for petitioner-respondent. William D. Broderick, Jr., Law Guardian, Elma, for Shahida M. and Shahid M., Jr.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), enteredJanuary 18, 2008 in a proceeding pursuant to Social Services Law § 384-b. The orderterminated the parental rights of respondent.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order terminating her parental rights onthe ground of mental illness pursuant to Social Services Law § 384-b (4) (c). We concludethat Family Court's determination that the mother "is presently and for the foreseeable futureunable by reason of mental illness to provide proper and adequate care for [the] children [inquestion] is supported by clear and convincing evidence" (Matter of Steven M., 37 AD3d 1072 [2007]; see SocialServices Law § 384-b [4] [c]). The court was entitled to credit the testimony of apsychologist that, based on the mental illness of the mother, any child in her care would beplaced at significant risk of neglect for the foreseeable future. That testimony wasbased upon the results of standardized testing, interviews with the mother and petitioner'scaseworkers, the psychologist's observation of the mother's interaction with the children and areview of records relevant to both the mother and the children (see Matter of Anthony M., 56 AD3d1124 [2008]). Present—Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.