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In re Edon F. Angel Guardian Home

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 577 (N.Y. App. Div. 1998)

Opinion

December 28, 1998


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

The Family Court properly determined that the petitioner did not establish by clear and convincing evidence that the mother is "presently and for the foreseeable future unable, by reason of mental illness * * * to provide proper and adequate care" for her child (Social Services Law § 384-b [c]; see, Matter of Dochingozi B., 57 N.Y.2d 641). Its findings must be accorded the greatest respect ( see, Matter of Nathaniel T., 67 N.Y.2d 838; Matter of Erica J., 154 A.D.2d 595, 596). The quality and quantity of psychiatric testimony was insufficient to satisfy the requirement of "strict * * * statutory mandate" ( Matter of Daniel Aaron D., 49 N.Y.2d 788, 790). Accordingly, the petition to terminate the mother's parental rights was properly denied.

Copertino, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.


Summaries of

In re Edon F. Angel Guardian Home

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1998
256 A.D.2d 577 (N.Y. App. Div. 1998)
Case details for

In re Edon F. Angel Guardian Home

Case Details

Full title:In the Matter of EDON F. ANGEL GUARDIAN HOME, Appellant; SONDRA F.…

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

Date published: Dec 28, 1998

Citations

256 A.D.2d 577 (N.Y. App. Div. 1998)
682 N.Y.S.2d 461

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