Matter of Destiny S. (Amy W.)
2019 NY Slip Op 08049 [177 AD3d 1314]
November 8, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


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 In the Matter of Destiny S. and Others. Cattaraugus County Department of Social Services, Respondent; Amy W., Appellant.

Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), for respondent-appellant.

Stephen J. Riley, Olean, for petitioner-respondent.

Audrey Rose Herman, Buffalo, Attorney for the Children.

Appeal from an order of the Family Court, Cattaraugus County (Michael J. Sullivan, A.J.), entered June 7, 2018, in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent with respect to the subject children.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to the three subject children on the grounds of mental illness and intellectual disability (see Social Services Law § 384-b [4] [c]). Although the petitions here did not allege mental illness as a ground for termination of the mother's parental rights, the mother "did not object to the evidence relating to that ground" (Matter of Tiffany M. [Jolanda M.], 88 AD3d 1299, 1299 [4th Dept 2011], lv denied 18 NY3d 803 [2012]), and we thus conclude that, contrary to the mother's contention, Family Court did not err in sua sponte conforming the petitions to the proof (see Matter of Angel L.H. [Melissa H.], 85 AD3d 1637, 1637 [4th Dept 2011], lv denied 17 NY3d 711 [2011]; Matter of A.G., 253 AD2d 318, 320-321 [1st Dept 1999]; see also Tiffany M., 88 AD3d at 1299; see generally Family Ct Act § 1051 [b]).

We have reviewed the mother's remaining contentions and conclude that none warrants modification or reversal of the order. Present—Whalen, P.J., Lindley, DeJoseph, NeMoyer and Troutman, JJ.