MATTER OF ABIGAIL M.

Docket Nos. NN-26123/16, NN-26124/16, NN-26125/16, Appeal No. 16160-16160A, Case No. 2021-00610.

206 A.D.3d 517 (2022)

168 N.Y.S.3d 685

2022 NY Slip Op 03991

In the Matter of Abigail M. and Others, Children Alleged to be Neglected. Yeimy S., Appellant; Administration for Children's Services, Respondent.

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

Decided June 21, 2022.


Attorney(s) appearing for the Case

Davis Polk & Wardwell LLP, New York ( Daniel J. Thomson ), and The Bronx Defenders, Bronx ( Saul Zipkin of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jessica Miller of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Marcia Egger of counsel), attorney for the children.

Concur—Gische, J.P., Friedman, González, Rodriguez, Pitt, JJ.


The finding of neglect is supported by a preponderance of the evidence which showed that the mother was experiencing mental illness, diagnosed as bipolar disorder, which required emergency psychiatric hospitalization and affected her judgment to the extent that she was unable to care for the children, then nine years old, two years old, and three months old (see Matter of Ruth Joanna O.O. [Melissa O.], 149...

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