Matter of Tyrique Alexandra B. (Alexandra B.B.), 2011 NY Slip Op 06527 [87 AD3d 915]

September 22, 2011

Appellate Division, First Department

— [*1]

Dora M. Lassinger, East Rockaway, for appellant.

Magovern & Sclafani, New York (Frederick J. Magovern of counsel), for respondent.

Karen Freedman, Lawyers for Children, Inc., New York (Hal Silverman of counsel), Attorney for the Children.

Orders of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about January 6, 2010, which terminated respondent mother’s parental rights to the subject children upon a fact-finding determination of her mental retardation, and committed the children’s guardianship and custody to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The uncontroverted testimony of the court-appointed psychologist provided clear and convincing evidence that respondent is unable, at present and for the foreseeable future, to provide proper and adequate care for the subject children by reason of her mental retardation ( see Social Services Law § 384-b [4] [c]; [6] [b]; Matter of Jasmine Pauline M. , 62 AD3d 483 , 484 [2009]). Contrary to respondent’s argument, the evidence established that her mental retardation originated during her developmental period, as defined in Social Services Law § 384-b (6) (b).

A dispositional hearing was not required in order to find that termination of respondent’s parental rights is in the best interests of the children, despite their bond with their mother, given her inability to care for them ( see Matter of Aaron Tyrell W. , 58 AD3d 419 , 420 [2009]; Matter [*2] of Leomia Louise C. , 41 AD3d 249 , 250 [2007]).

We have reviewed respondent’s remaining arguments and find them unavailing. Concur—Saxe, J.P., Friedman, Acosta, DeGrasse and Abdus-Salaam, JJ..