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IN THE MATTER OF TATESHA M.G. FORESTDALE, INC.

4 A.D.3d 429 (2004)

771 N.Y.S.2d 399

In the Matter of TATESHA M.G. FORESTDALE, INC., Respondent; SONIA E., Appellant. (Proceeding No. 1.) In the Matter of JASON A.G. FORESTDALE, INC., Respondent; SONIA E., Appellant. (Proceeding No. 2.)

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

February 9, 2004.

Ordered that the orders are reversed, on the law, without costs or disbursements, and the amended consolidated petitions are dismissed.

In order to terminate parental rights on the ground of mental illness, it was incumbent upon the petitioner to demonstrate by clear and convincing proof (see Social Services Law § 384-b [3] [g]) that the mother was presently, and will be for the foreseeable future, unable by reason of her mental illness to provide proper...

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