In re Anthony K.
Cases that cite this one
6 later published cases cite this decision.
- In re Roseanna X. (Appellate Division of the Supreme Court of New York 2005)
- In re Adrianahmarie SS. (Appellate Division of the Supreme Court of New York 2012)
- In re Adrianahmarie SS. (Appellate Division of the Supreme Court of New York 2012)
- In re Evelyn B. (Appellate Division of the Supreme Court of New York 2007)
- In re August ZZ. (Appellate Division of the Supreme Court of New York 2007)
- In re Anna V. (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered March 2, 2004, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s children to be the children of a mentally ill parent, and terminated respondent’s parental rights.
Respondent is the parent of five children (born between 1992 and 2000), who were removed from the home in August 2002 and later found by Family Court to be neglected pursuant to Family Ct Act article 10. The children remained in petitioner’s custody and, in September 2003, petitioner commenced this proceeding seeking to terminate respondent’s parental rights alleging that, by reason of respondent’s mental illness, she was unable to provide proper and adequate care at that time and would be unable to do so for the foreseeable future. Family Court ordered respondent to undergo a mental health evaluation by a court-appointed psychologist, Richard Liotta, who testified at the subsequent hearing held in February 2004. After considering and weighing the proof at that hearing, Family Court found that there was clear and convincing evidence establishing the material allegations of the petition. The petition was granted. Respondent appeals.
Respondent argues that petitioner failed to sustain its burden of proof at the hearing. Petitioner had the burden of establishing by clear and convincing evidence, first, respondent’s mental illness (as defined in Social Services Law § 384-b [6]) and, next, that such illness rendered respondent presently and for the
Mercure, J.P., Peters, Rose and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.