Matter of Christopher B. (Melvin B.)

Matter of Christopher B. (Melvin B.) 2013 NY Slip Op 08512 Decided on December 19, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2013
Tom, J.P., Andrias, Saxe, DeGrasse, Richter, JJ.
11376

[*1]In re Christopher B., Jr., etc., A Dependent Child Under the Age of Eighteen Years,

and

Melvin B., Respondent-Appellant, Saint Dominic's Home, Petitioner-Respondent.




Geoffrey P. Berman, Larchmont, for appellant.
Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for
respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith
Waksberg of counsel), and Proskauer Rose LLP, New York
(Susan D. Friedfel of counsel), attorneys for the child.

Order, Family Court, Bronx County, (Kelly O'Neill Levy, J.), entered on or about January 28, 2013, which, to the extent appealed from as limited by the briefs, upon a fact-finding determination that appellant-father is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for his child, terminated his parental rights, and transferred custody and guardianship of the child to the Commissioner of Social Services and petitioner Saint Dominic's Home, unanimously affirmed, without costs.

Clear and convincing evidence, including expert testimony from a court-appointed psychologist, who examined the father on two occasions and reviewed all of his available medical records, supported the determination that he is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for his child (see Social Services Law 384-b[6][a]). The father had periods of noncompliance with his medications and [*2]exhibited symptoms regularly, whether or not he was compliant with treatment (see Matter of Justin Javonte R. [Leticia W.], 103 AD3d 524 [1st Dept 2013]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 19, 2013

CLERK