MATTER OF B.


85 A.D.2d 510 (1981)

In the Matter of the Guardianship and Custody of Dochingozi B., an Infant. Children's Aid Society, Respondent; Earline E., Appellant, and Attorney-General of the State of New York, Intervenor

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

December 3, 1981


The Family Court found "by clear and convincing evidence that the respondent by reason of mental illness is unable to provide care which is proper and adequate for the child presently and for the foreseeable future." (See Social Services Law, § 384-b, subd 4, par [c].) Both the testimony at the hearing by Dr. Brooks, the court-appointed psychiatrist, and the recommendation in his report (based on "a wealth of evidence") were unequivocal on the point of the mother's present...

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