MATTER OF S.


250 A.D.2d 490 (1998)

673 N.Y.S.2d 123

In the Matter of Caress S., a Child Alleged to be Neglected. Lucille S., Appellant; Commissioner of Social Services, Respondent

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

May 21, 1998


A preponderance of the evidence adduced at the fact-finding hearing concerning respondent's bizarre behavior, erratic temperament and reluctance to attend recommended psychiatric treatment sessions warranted the court's finding of neglect and its ensuing dispositional determination, notwithstanding evidence of respondent's intelligence and concern for her daughter, and the absence of proof that she was afflicted with a definitive mental illness (see, Family Ct Act...

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