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Matter of Anna

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 726 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

Appeal from the Family Court, Queens County (Schindler, J.).


Ordered that the appeal by Mitchell H. is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the dispositional order is affirmed insofar as appealed from, without costs or disbursements.

The evidence adduced in this case established that the appellant, Anna C., suffered from a serious and chronic mental illness which was characterized by hallucinations, schizophrenia, and delusions. Given the record of her mental illness, her delusions, hallucinations, and behavioral problems, the absence of any assurances that relapses would not occur, and the appellant's total dependence on her husband, the father of the child, for the care of her basic needs, we conclude that the evidence was sufficient to prove by a preponderance of the evidence that the child was neglected under the statute (see, Matter of Eugene G., 76 A.D.2d 781; see also, Matter of Millar, 40 A.D.2d 637, affd 35 N.Y.2d 767).

We also find no reason to disturb the court's dispositional order which placed the appellant's child with the New York City Commissioner of Social Services for 12 months and directed, inter alia, supervised visitation once every two weeks for the appellant (see, Matter of New York City Dept. of Social Servs. v Elena A., 194 A.D.2d 608).

We have reviewed the appellant's remaining contentions and find that they are without merit. Thompson, J.P., Sullivan, Friedmann and Krausman, JJ., concur.


Summaries of

Matter of Anna

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 726 (N.Y. App. Div. 1994)
Case details for

Matter of Anna

Case Details

Full title:In the Matter of MICHELLE H. ANNA C. et al., Appellants; NEW YORK CITY…

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 726 (N.Y. App. Div. 1994)
617 N.Y.S.2d 519

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