In re Ariel A.T.R.

• Docket Number: 1291,Docket Nos. NN-08001/20,NN-00109/22,Case No. 2022-04516
• Decision Date: 21 December 2023
• Citation: 2023 NY Slip Op 06602
• Parties: In the Matter of Ariel A.T.R., and Another, Dependent Children Under Eighteen Years of Age, etc., Timothy R., Respondent-Appellant, Ayana G., Respondent, Administration for Children's Services, Petitioner-Respondent.
• Court: New York Supreme Court — Appellate Division

2023 NY Slip Op 06602

In the Matter of Ariel A.T.R., and Another, Dependent Children Under Eighteen Years of Age, etc., Timothy R., Respondent-Appellant, Ayana G., Respondent, Administration for Children's Services, Petitioner-Respondent.

Appeal No. 1291, Docket Nos. NN-08001/20, NN-00109/22, Case No. 2022-04516

Supreme Court of New York, First Department

December 21, 2023

Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the children.

Before: Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order of disposition, Family Court, Bronx County (Karen M.C. Cortes, J.), entered on or about August 5, 2022, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about May 13, 2022, which, after a hearing, found that respondent father neglected his son and derivatively neglected his daughter, Ariel R., unanimously affirmed, without costs.

A preponderance of the evidence supports Family Court's finding that the physical, mental, or emotional condition of the father's son Timothy M.T.R. had been impaired or was in imminent danger of becoming impaired as a result of the father's history of mental illness and resistance to treatment, notwithstanding the absence of proof of a definitive diagnosis of mental illness (see Family Ct Act §§ 1046[b][i]; 1012[f][i][B]; Matter of Derick L. [Catherine W.], 135 A.D.3d 499 [1st Dept 2016], lv denied 27 N.Y.3d 903 [2016]; Matter of Caress S., 250 A.D.2d 490 [1st Dept 1998]). The evidence adduced at the fact-finding hearing established that the father received a childhood diagnosis of bipolar disorder and depression, that he lacked insight into his illness and need for treatment, and that his mental condition interfered with his judgment and parenting abilities, thus placing his infant son at imminent risk of physical, mental, or emotional impairment (see Matter of Ruth Joanna O.O. [Melissa O.], 149 A.D.3d 32, 39 [1st Dept 2017], affd 30 N.Y.3d 985 [2017]; Matter of Karma C. [Tenequa A.], 122 A.D.3d 415, 416 [1st Dept 2014]).

The father's undisputed out-of-court statements as testified by petitioner's witness at the fact-finding hearing established that the father was not regularly taking his prescribed medication...