Opinion
2001-02143
Submitted October 29, 2001.
December 10, 2001.
In two related proceedings pursuant to Social Services Law — 384-b to terminate the mother's parental rights on the ground that she is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the subject children, the mother appeals from an order of the Family Court, Dutchess County (Forman, J.), entered February 2, 2001, which, after a fact-finding hearing, terminated her parental rights and transferred guardianship and custody of the children to the petitioner.
NEAL D. FUTERFAS, White Plains, N.Y., for appellant.
IAN G. MACDONALD, County Attorney, Poughkeepsie, N.Y. (JANET V. TULLO of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
ORDERED that the order is reversed, on the law and the facts, without costs or disbursements, and the petition is dismissed.
The petitioner failed to establish by clear and convincing evidence that the mother is now and for the foreseeable future unable by reason of mental illness to properly and adequately care for her children (see, Social Services Law — 384-b[4][c]; Matter of Daniel A.D., 49 N.Y.2d 788; Matter of Edon F., 256 A.D.2d 577). Consequently, the Family Court erred in granting the petition.
O'BRIEN, J.P., ALTMAN, GOLDSTEIN and H. MILLER, JJ., concur.