In re the Guardianship of Sanovia G.
Opinion of the Court
—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about January 31, 1996, terminating respondent mother’s parental rights to the subject child upon a finding of mental illness and committing custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
Expert testimony established that respondent is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for her child (Social Services Law § 384-b [4] [c]; [6] [a]). The evidence is clear and
We reject respondent’s argument that the court impermissibly allowed opinion testimony by an expert on the ultimate issue of fact. The subject testimony was admissible since it concerned a matter requiring professional or skilled knowledge, such as medical condition (Dufel v Green, 84 NY2d 795; see, Fisch, New York Evidence §§ 413, 422 [2d ed]).
Respondent received effective assistance of counsel. Failure to call a rebuttal psychiatric witness does not indicate ineffectiveness (Matter of Claudina Paradise Damaris B., 227 AD2d 135). The evidence of respondent’s long-standing and severe psychiatric problems and inability to care even for herself was overwhelming and there is no reason to expect another expert to reach a different conclusion (see also, Matter of Angela Marie N., 223 AD2d 423, supra). We have considered respondent’s other contentions and find them to be without merit. Concur—Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.