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Matter of Pauline

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 686 (N.Y. App. Div. 1993)

Opinion

May 10, 1993

Appeal from the Family Court, Kings County (Palmer, J.).


Ordered that the orders are affirmed, without costs or disbursements.

Pauline Y. and her brother Corey Y. were placed with the Commissioner of Social Services in January 1985 when Pauline was almost two years old and only a few days after her brother Corey was born. In May 1988 the petitioner commenced the instant proceedings to terminate the parental rights of the mother on the ground that she was presently and, for the foreseeable future, would be unable to care for her two children due to mental illness. After a fact-finding hearing, the Family Court granted the petitions.

We agree with the Family Court that there was clear and convincing evidence to justify granting the petitions (see, Social Services Law § 384-b [c]; Matter of Omar B., 175 A.D.2d 834; Matter of Camille M., 143 A.D.2d 755). After examining the mother and reviewing numerous documents and reports related to the instant matter, the court-appointed psychiatrist gave uncontradicted testimony that the mother suffered from residual schizophrenia, severe personality disorders, and borderline normal intelligence. Her diagnosis of severe personality disorders was based in part on the fact that although the mother had been in treatment since 1985 and had attended two parenting skills programs, she still could not properly interact with her children. The doctor unequivocally stated that the mother could not adequately care for her children then or in the foreseeable future. Because the petition was granted on the ground of mental illness, the court was not required to hold a dispositional hearing (see, Matter of Joyce T., 65 N.Y.2d 39, 46; Matter of Denise Emily K., 154 A.D.2d 596).

We have examined the mother's remaining contentions and find them to be without merit. Sullivan, J.P., Lawrence, Copertino and Santucci, JJ., concur.


Summaries of

Matter of Pauline

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 686 (N.Y. App. Div. 1993)
Case details for

Matter of Pauline

Case Details

Full title:In the Matter of PAULINE Y. and Another. Marjorie Y., Appellant; ANGEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 10, 1993

Citations

193 A.D.2d 686 (N.Y. App. Div. 1993)
598 N.Y.S.2d 32

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