MATTER OF M.


96 A.D.2d 737 (1983)

In the Matter of Jamie M.

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

July 11, 1983


Order reversed, without costs, and petition dismissed.

Memorandum.

The record in this case is insufficient to sustain a finding of permanent neglect by clear and convincing evidence. The basis for the petition is that respondents failed to plan for the future of the child. Before this failure can be elevated to permanent neglect, it must be shown that the parents were physically and financially able to plan for the future of the child and failed to do so ...

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