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In the Matter of Samuel

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 2005
19 A.D.3d 324 (N.Y. App. Div. 2005)

Opinion

6459.

June 30, 2005.

Order, Family Court, Bronx County (Carol Ann Stokinger, J.), entered on or about May 27, 2003, which, to the extent appealed from, in child protective proceedings pursuant to article 10 of the Family Court Act, found that respondent Ledell M. had neglected the subject child, unanimously affirmed, without costs. Appeal from order, same court and Judge, entered on or about June 25, 2002, which denied respondent Ledell M.'s application pursuant to Family Court Act § 1028 for the return of the child, unanimously dismissed as moot, without costs.

Law Offices of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondent.

Steven Banks, The Legal Aid Society, New York (Raymond E. Rogers of counsel), Law Guardian.

Before: Saxe, J.P., Ellerin, Sweeny and Catterson, JJ.


The finding of neglect against respondent stepfather was amply supported by the hearing evidence, which disclosed that he suffered from untreated mental illness which caused his judgment to be seriously impaired by delusions and paranoia, and that his guardianship and supervision of the subject child was consequently deficient, leaving the child's basic and indeed acute needs, most notably in the areas of mental health and education, unmet ( see Family Ct Act § 1012 [f]).


Summaries of

In the Matter of Samuel

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 2005
19 A.D.3d 324 (N.Y. App. Div. 2005)
Case details for

In the Matter of Samuel

Case Details

Full title:In the Matter of SAMUEL E., a Child Alleged to be Neglected. LEDELL M.…

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

Date published: Jun 30, 2005

Citations

19 A.D.3d 324 (N.Y. App. Div. 2005)
797 N.Y.S.2d 496