Westchester Cnty. Dep't of Soc. Servs. v. Sean S. (In re Quaiza S.P.)

168 A.D.3d 851

92 N.Y.S.3d 79

In the MATTER OF QUAIZA S.P. (Anonymous).

Westchester County Department of Social Services, Respondent;

v.Sean S. (Anonymous), Appellant.

(Proceeding No. 1)

In the Matter of Disneey C. (Anonymous).

Westchester County Department of Social Services, Respondent;

v.Sean S. (Anonymous), Appellant.

(Proceeding No. 2)

2017–12576

Docket Nos. B–9546–16, B–9548–16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—November 20, 2018

January 16, 2019

John R. Lewis, Sleepy Hollow, NY, for appellant.

John M. Nonna, County Attorney, White Plains, N.Y. (Stacey Dolgin–Kmetz and Allison E. Burke of counsel), for respondent.

Maria J. Frank, Yorktown Heights, NY, attorney for the children.

JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The petitioner, Westchester County Department of Social Services (hereinafter the agency), commenced these proceedings to terminate the father's parental rights. After a fact-finding hearing, the Family Court found that the father is presently and for the foreseeable future unable, by reason of mental illness, to care for the children. The father's parental rights were terminated, and the father appeals.

Contrary to the father's contentions, the agency established by clear and convincing evidence that he is unable to properly and adequately care for his children, now and in the foreseeable future, by reason of mental illness (see Social Services Law § 384–b[3][g] ; Social Services Law § 384–b[4][c] ; Matter of Abigail M.-W. [Yaiesha M.], 163 A.D.3d 672, 673, 76 N.Y.S.3d 848 ; Matter of Divinity I.H. [George T.J.], 133 A.D.3d 601, 19 N.Y.S.3d 312 ). The agency presented the uncontroverted testimony of a court-appointed psychiatrist who, after interviewing the father and reviewing his extensive hospitalization records, diagnosed him with "a serious and chronic psychiatric illness that likely is Schizoaffective Disorder, a disorder that includes psychotic symptoms of hallucinations, delusions or both, along with periods of depression." The expert also testified to the father's multiple hospitalizations, all occurring within the previous three years, related to his depression and suicidal/homicidal ideation, as well as his history of medical noncompliance, his circular and illogical thinking, his impaired judgment and lack of insight into his condition, and his...