| Matter of Shae Tylasia I.M. (Lisa Anne G.) |
| 2011 NY Slip Op 08195 [89 AD3d 527] |
| November 15, 2011 |
| Appellate Division, First Department |
| In the Matter of Shae Tylasia I.M., an Infant. Lisa Anne G.,Appellant; The New York Foundling Hospital, Respondent. |
—[*1] Law Office of Quinlan and Fields, Hawthorne (Daniel Gartenstein of counsel), forrespondent. Law Offices of Randall S. Carmel P.C., Syosset (Randall S. Carmel of counsel), attorney forthe child.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or aboutApril 9, 2008, which, upon a finding of mental retardation, terminated the respondent mother'sparental rights to the subject child, and committed custody and guardianship to petitioner agencyand the Administration for Children's Services, unanimously affirmed, without costs.
The court-appointed psychiatrist provided clear and convincing evidence that the child wasin danger of being neglected due to the mother's mental retardation (Social Services Law §384-b [6] [b], [c]; Matter of Erica D.[Maria D.], 80 AD3d 423, 424 [2011], lv denied 16 NY3d 708 [2011]).Although the mother completed numerous programs to enhance her parenting and other skills,the psychiatrist noted that there was no improvement in her ability to understand the child'sspecial needs and properly care for the child.
Under these circumstances, the court did not improvidently decline to conduct a dispositionalhearing, which the mother concedes was not required (see Matter of Isaiah J. [Janice J.], 82 AD3d 651, 652 [2011]). Therewas no evidence that posttermination visitation, if permitted, would be in the best interests of thechild (see Matter of Corinthian Marie S., 297 AD2d 382 [2002]).Concur—Mazzarelli, J.P., Catterson, Moskowitz, Renwick and Abdus-Salaam, JJ.