| Matter of Isaiah J. (Janice J.) |
| 2011 NY Slip Op 02466 [82 AD3d 651] |
| March 29, 2011 |
| Appellate Division, First Department |
| In the Matter of Isaiah J., an Infant. Janice J., Appellant; New YorkFoundling Hospital, Respondent. |
—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), Attorneyfor the Child. Law Office of Quinlan and Fields, Hawthorne (Daniel Gartenstein of counsel), forrespondent.
Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on orabout August 21, 2009, which, upon a finding of mental illness, terminated respondent mother'sparental rights and committed the child's custody and guardianship to petitioner agency and theCommissioner of Social Services of the City of New York for the purpose of adoption,unanimously affirmed, without costs.
The finding that respondent was mentally ill within the meaning of Social Services Law§ 384-b (4) (c) and (6) (a) was supported by clear and convincing evidence. The agencypresented uncontroverted testimony from a psychologist who, after reviewing respondent'smedical records, found that she suffered from schizoaffective disorder. This rendered herincapable of caring for the child presently and for the foreseeable future (see Matter of Roberto A. [AltagraciaA.], 73 AD3d 501, 501 [2010], lv denied 15 NY3d 703 [2010]).
Given the psychologist's unrebutted testimony and respondent's repeated requests foradjournments, the lapse in time between the psychological evaluation and the fact-findinghearing does not warrant a different result (see Matter of Robert K., 56 AD3d 353 [2008], lv denied 12NY3d 704 [2009]).[*2]
A dispositional hearing was not necessary to find thattermination of respondent's parental rights is in the child's best interests (see Matter of Ashanti A., 56 AD3d373, 374 [2008]). Concur—Tom, J.P., Sweeny, Catterson, Acosta andManzanet-Daniels, JJ.