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Matter of Weinberg

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1982
90 A.D.2d 550 (N.Y. App. Div. 1982)

Opinion

October 25, 1982


In a proceeding pursuant to section 384-b (subd 4, par [c]) of the Social Services Law, to terminate the parental rights of the natural mother of a child and award custody and guardianship to the Commissioner of Social Services of Rockland County, the appeal is from a judgment and order (one paper) of the Family Court, Rockland County (Weiner, J.), dated May 21, 1981, which, after a hearing, granted the petition. Judgment and order reversed, on the law, without costs or disbursements, and petition dismissed. The report and testimony of the psychiatrist who testified on behalf of the petitioner as to the mother's reactions and responses to his questions do not indicate, much less show by clear and convincing proof, that the mother is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the child (Social Services Law, § 384-b, subd 3, par [g]; subd 4, par [c]). Nor does his testimony as to the effects of the mother's prior hospitalizations relating to her alleged schizophrenia constitute the statutorily required clear and convincing proof of such mental illness, since neither he nor the petitioner chose to examine or introduce into evidence the records of such hospitalizations (see Mental Hygiene Law, § 33.13, subd [c], par 1; Matter of Failla, 197 Misc. 673). Damiani, J.P., O'Connor, Rubin and Boyers, JJ., concur.


Summaries of

Matter of Weinberg

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1982
90 A.D.2d 550 (N.Y. App. Div. 1982)
Case details for

Matter of Weinberg

Case Details

Full title:In the Matter of KATHLEEN B. NOAH WEINBERG, as Commissioner of Social…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1982

Citations

90 A.D.2d 550 (N.Y. App. Div. 1982)

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