In re Edon F. Angel Guardian Home

Appellate Division of the Supreme Court of New York

In re Edon F. Angel Guardian Home

256 A.D.2d 577, 682 N.Y.S.2d 461, 1998 N.Y. App. Div. LEXIS 13995

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 28, 1998

StatusPublished

Cited by3 cases

This text of 256 A.D.2d 577 (In re Edon F. Angel Guardian Home) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Edon F. Angel Guardian Home, 256 A.D.2d 577, 682 N.Y.S.2d 461, 1998 N.Y. App. Div. LEXIS 13995 (N.Y. Ct. App. 1998).

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Opinion

—In a proceeding pursuant to Social Services Law § 384-b (4) (c) to terminate the mother’s parental rights, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Kings County (Rivera, J.), dated June 6, 1997, as denied its petition.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that the petitioner did not establish by clear and convincing evidence that the mother is “presently and for the foreseeable future unable, by reason of mental illness * * * to provide proper and adequate care” for her child (Social Services Law § 384-b [4] [c]; see, Matter of Dochingozi B., 57 NY2d 641). Its findings must be accorded the greatest respect (see, Matter of Nathaniel T., 67 NY2d 838; Matter of Erica J., 154 AD2d 595, 596). The quality and quantity of psychiatric testimony was insufficient to satisfy [578]*578the requirement of “strict * * * statutory mandate” (Matter of Daniel Aaron D., 49 NY2d 788, 790). Accordingly, the petition to terminate the mother’s parental rights was properly denied. Copertino, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.

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—In a proceeding pursuant to Social Services Law § 384-b (4) (c) to terminate the mother’s parental rights, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Kings County (Rivera, J.), dated June 6, 1997, as denied its petition.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that the petitioner did not establish by clear and convincing evidence that the mother is “presently and for the foreseeable future unable, by reason of mental illness * * * to provide proper and adequate care” for her child (Social Services Law § 384-b [4] [c]; see, Matter of Dochingozi B., 57 NY2d 641). Its findings must be accorded the greatest respect (see, Matter of Nathaniel T., 67 NY2d 838; Matter of Erica J., 154 AD2d 595, 596). The quality and quantity of psychiatric testimony was insufficient to satisfy [578]*578the requirement of “strict * * * statutory mandate” (Matter of Daniel Aaron D., 49 NY2d 788, 790). Accordingly, the petition to terminate the mother’s parental rights was properly denied. Copertino, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.

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Bluebook (online)

256 A.D.2d 577, 682 N.Y.S.2d 461, 1998 N.Y. App. Div. LEXIS 13995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-edon-f-angel-guardian-home-nyappdiv-1998.

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