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Matter of Alberto

Appellate Division of the Supreme Court of New York, First Department
May 16, 1995
215 A.D.2d 232 (N.Y. App. Div. 1995)

Opinion

May 16, 1995

Appeal from the Family Court, New York County (Sheldon Rand, J.).


The unrefuted evidence presented here establishes that respondent suffers from a severe and long-standing mental illness. Respondent's extensive medical history, revealing a chronic, degenerating condition, frequent hospitalization, and a failure to adhere to any treatment plan, along with the conclusion of the court-appointed psychiatrist that there was no possibility of improvement in the foreseeable future, constitute clear and convincing evidence that respondent is presently and for the foreseeable future unable to provide proper and adequate care for the subject child and warrants termination of her parental rights pursuant to Social Services Law § 384-b (4) (c) (see, Matter of Belinda S., 189 A.D.2d 679, lv denied 81 N.Y.2d 706). The court's disposition committing guardianship and custody of the child to petitioner was soundly based on the best interests of the child (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).

Concur — Murphy, P.J., Rubin, Kupferman, Asch and Nardelli, JJ.


Summaries of

Matter of Alberto

Appellate Division of the Supreme Court of New York, First Department
May 16, 1995
215 A.D.2d 232 (N.Y. App. Div. 1995)
Case details for

Matter of Alberto

Case Details

Full title:In the Matter of Guardianship and Custody of ALBERTO C., an Infant. AUREA…

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

Date published: May 16, 1995

Citations

215 A.D.2d 232 (N.Y. App. Div. 1995)
626 N.Y.S.2d 193

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