In re Devonte M.T.
In the Matter of Devonte M.T., an Infant. Niagara County Department of Social Services, Respondent Leroy T., Jr.
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Appeal from an order of the Family Court, Niagara County (David E. Seaman, J.), entered September 16, 2009 in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent father appeals from orders terminating his parental rights with respect to the subject children on the ground that he suffers from a mental illness (see Social Services Law § 384-b [4] [c]; Matter of Deondre M. [Crystal T.], 77 AD3d 1362 [2010]). Contrary to the father’s contention, there was an adequate foundation for the opinion of petitioner’s expert that the father suffers from schizophrenia and has borderline intellectual functioning. That testimony, together with the testimony of caseworkers who supervised the father’s visitation with the children, provided the requisite clear and convincing evidence that the father is “presently and for the foreseeable future unable, by reason of mental illness . . . ,