MATTER OF DOCHINGOZI


57 N.Y.2d 641 (1982)

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

Court of Appeals of the State of New York.

Decided July 2, 1982.


Attorney(s) appearing for the Case

Wendy Sue Lauring and Lenore Gittis for Dochingozi B., appellant.

James A. Cardiello, Lucy Billings and Natalie Kaplan for Earline E., appellant.

Benjamin J. Rosin for respondent.

Robert Abrams, Attorney-General (Robert J. Schack and Peter Schiff of counsel), intervenor pro se.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI concurs in result only.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the Family Court, New York County, for further proceedings on the petition.

The record in this proceeding to terminate parental rights does not support the finding that the natural mother is "presently and for the foreseeable future unable, by reason of mental illness * * * to provide proper and adequate care...

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