| Matter of Demariah A. (Demario A.) |
| 2010 NY Slip Op 03634 [72 AD3d 1592] |
| April 30, 2010 |
| Appellate Division, Fourth Department |
| In the Matter of Demariah A. Erie County Department of SocialServices, Respondent; Demario A., Appellant, et al., Respondent. |
—[*1] Joseph T. Jarzembek, Buffalo, for petitioner-respondent. David C. Schopp, Law Guardian, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D.Halvorsen of counsel), for Demariah A.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), enteredMarch 18, 2009 in a proceeding pursuant to Social Services Law § 384-b. The order,insofar as appealed from, terminated the parental rights of respondent Demario A.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent father appeals from an order terminating his parental rights withrespect to the child in question on the ground of mental illness. We affirm. Petitioner met itsburden of demonstrating by clear and convincing evidence that the father is presently and for theforeseeable future unable to provide proper and adequate care for his child by reason of mentalillness (see Social Services Law § 384-b [4] [c]; [6] [a]). "The failure of the[court-appointed] psychologist to provide a precise, clinically accepted diagnosis does not renderhis testimony legally insufficient to satisfy the statutory mandate" (Matter of Dylan K.,269 AD2d 826, 827 [2000], lv denied 95 NY2d 766 [2000]). Contrary to the contentionof the father, the foundation for the psychologist's testimony was sufficient (see Matter of Shahida M., 59 AD3d976 [2009], lv denied 12 NY3d 708 [2009]). Present—Smith, J.P., Fahey,Carni, Sconiers and Pine, JJ.