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IN RE: EDON F. (Anonymous). Angel Guardian Home, Appellant; Sondra F. (Anonymous), Respondent.
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 N.Y.2d 641, 454 N.Y.S.2d 63, 439 N.E.2d 872). Its findings must be accorded the greatest respect (see, Matter of Nathaniel T., 67 N.Y.2d 838, 501 N.Y.S.2d 647, 492 N.E.2d 775; Matter of Erica J., 154 A.D.2d 595, 596, 546 N.Y.S.2d 423). The quality and quantity of psychiatric testimony was insufficient to satisfy the requirement of “ strict statutory mandate” (Matter of Daniel Aaron D., 49 N.Y.2d 788, 790, 426 N.Y.S.2d 729, 403 N.E.2d 451). Accordingly, the petition to terminate the mother's parental rights was properly denied.
MEMORANDUM BY THE COURT.
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Decided: December 28, 1998
Court: Supreme Court, Appellate Division, Second Department, New York.
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