IN THE MATTER OF CATALINA


21 A.D.3d 563 (2005)

800 N.Y.S.2d 589

In the Matter of LINA CATALINA R. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LEONALDO R., Appellant.

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

August 22, 2005.


Ordered that the order of disposition is reversed insofar as appealed from, on the law and the facts, without costs and disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing and determination in accordance herewith.

To terminate parental rights on the ground of mental illness, it was incumbent upon the petitioner Suffolk County Department of Social Services (hereinafter the DSS) to demonstrate by clear and convincing proof...

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