MATTER OF K.


77 A.D.2d 568 (1980)

In the Matter of Klaus K. Charles W. Bates, as Commissioner of The Westchester County Department of Social Services, Appellant; Edda K., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1980


Order modified by deleting therefrom the provision dismissing the petition. As so modified, order affirmed insofar as appealed from, without costs or disbursements, and matter remanded to the Family Court for a hearing in accordance herewith.

The issue on this appeal is whether the evidence before the Family Court established that the natural mother is presently and will for the foreseeable future be unable to care for her child. A finding that she is and will for...

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