| Matter of Anthony WW. (Karen WW.) |
| 2011 NY Slip Op 05825 [86 AD3d 662] |
| July 7, 2011 |
| Appellate Division, Third Department |
| In the Matter of Anthony WW. and Others, Alleged to be theChildren of a Mentally Ill Parent. St. Lawrence County Department of Social Services,Respondent; Karen WW., Appellant. (And Another RelatedProceeding.) |
—[*1] David D. Willer, St. Lawrence County Department of Social Services, Canton, forrespondent. Omshanti Parnes, Plattsburgh, attorney for the children.
Kavanagh, J. Appeal from an order of the Family Court of St. Lawrence County (Potter, J.),entered June 3, 2010, which, among other things, granted petitioner's application, in a proceedingpursuant to Social Services Law § 384-b, to adjudicate respondent's children to be thechildren of a mentally ill parent, and terminated respondent's parental rights.
Respondent and Michael WW. (hereinafter the father) are married and have three children,and the procedural history and legal arguments in this matter are nearly identical to those inMatter of Anthony WW. (Michael WW.) (86 AD3d 654 [2011] [decided herewith]),involving the father. While factual distinctions between the two matters do exist, the reports andrelated testimony of the two psychologists who evaluated respondent suffer from the samedeficiencies as those encountered in the proceeding brought against the father and, as presented,should not have been admitted into evidence at trial. Since Family Court's decision to terminate[*2]respondent's parental rights was based in large measure onthis evidence, it must be reversed (seeMatter of Murphy v Woods, 63 AD3d 1526, 1526 [2009]; cf. People v Stone, 35NY2d 69, 76 [1974]; Matter ofMohammad v Mohammad, 23 AD3d 476, 476-477 [2005]).
Finally, for reasons set forth in Matter of Anthony WW. (Michael WW.)(supra), we harbor similar reservations about the timing of this application consideringthat, when this proceeding was commenced, a suspended judgment was in place againstrespondent and no evidence has been presented that she had violated any of the terms of thatjudgment, or engaged in any conduct that would justify the commencement of this proceeding.Respondent's remaining contentions have been considered and are either academic or withoutmerit.
Spain, J.P., Stein, Garry and Egan Jr., JJ., concur. Ordered that the order is reversed, on thelaw, without costs, termination petition dismissed, and matter remitted to the Family Court of St.Lawrence County for further proceedings not inconsistent with this Court's decision.