| Matter of Crystal P. (Andrea L.) |
| 2012 NY Slip Op 02260 [93 AD3d 576] |
| March 27, 2012 |
| Appellate Division, First Department |
| In the Matter of Crystal P., an Infant. Andrea L., Appellant;Episcopal Social Services, Respondent. |
—[*1] Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney forthe child.
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 27,2011, which, insofar as appealed from, upon a finding of mental retardation, terminatedrespondent mother's parental rights to the subject child, and committed custody and guardianshipof the child to petitioner agency and the Commissioner of Social Services for the purpose ofadoption, unanimously affirmed, without costs.
Clear and convincing evidence, including various reports, respondent's IQ scores, and thetestimony of a psychologist, established that respondent is unable, at present and for theforeseeable future, to provide proper and adequate care for the child by reason of her mentalretardation (see Social Services Law § 384-b [4] [c]; [6] [b]; Matter of Erica D. [Maria D.], 80AD3d 423 [2011], lv denied 16 NY3d 708 [2011]). There exists no basis to disturbthe credibility determinations of the Family Court (see Matter of Nathaniel T., 67 NY2d838, 842 [1986]).
Respondent's claim that the court erred in not holding a dispositional hearing is unpreserved(see Matter of Aaron Tyrell W., 58AD3d 419 [2009]), and we decline to review it in the interest of justice. Were we to reviewthis claim, we would find that a dispositional hearing was not necessary to find that thetermination of respondent's parental rights was in the best [*2]interests of the child, in light of her inability to provide care for thechild (see Matter of Joyce T., 65 NY2d 39 [1985]).
We have considered respondent's remaining contentions and find them unavailing.Concur—Saxe, J.P., Sweeny, Catterson, Renwick and Manzanet-Daniels, JJ.