In re Nadaniel Jackie P.
827 N.Y.S.2d 48
N.Y. App. Div.
2006
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In the Matter of Nadaniel Jackie P., Also Known as Nadaniel P., an Infant. Marie R., Appellant; New York Foundling Hospital, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department

November 10, 2004

827 NYS2d 48

Order, Family Court, New York County (Jody Adams, J.), entered on or about November 10, 2004, which, upon a finding of mental illness, as defined in Social Services Law § 384-b, terminated appellant‘s parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence established that appellant suffered from mental illness, as defined by Social Services Law § 384-b (4) (c) and (6) (a). The agency presented uncontroverted testimony from a psychological expert who found that appellant suffered from schizoaffective disorder, and that that condition rendered her incapable of caring for the subject child then and for the foreseeable future (see

, lv denied
;
). Termination of appellant‘s parental rights was proper inasmuch as adoption represents the child‘s only prospect of a permanent, stable and nurturing familial disposition (see
). This is not a case in which adoption would, because of the age or opposition of the child, serve no useful purpose (compare
;
). Concur—Buckley, P.J., Andrias, Saxe, Gonzalez and McGuire, JJ.