IN RE: SAMUEL E.

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

IN RE: SAMUEL E., A Child Under the Age of Eighteen Years, etc., Ledell M., Respondent-Appellant, Pamela M., Respondent, Administration for Children's Services, Petitioner-Respondent.

Decided: June 30, 2005

SAXE, J.P., ELLERIN, SWEENY, CATTERSON, JJ. Law Offices of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondent. Steven Banks, The Legal Aid Society, New York (Raymond E. Rogers of counsel), Law Guardian.

Order, Family Court, Bronx County (Carol Ann Stokinger, J.), entered on or about May 27, 2003, which, to the extent appealed from, in child protective proceedings pursuant to article 10 of the Family Court Act, found that respondent Ledell M. had neglected the subject child, unanimously affirmed, without costs.   Appeal from order, same court and Judge, entered on or about June 25, 2002, which denied respondent Ledell M.'s application pursuant to Family Court Act § 1028 for the return of the child, unanimously dismissed as moot, without costs.

The finding of neglect against respondent stepfather was amply supported by the hearing evidence, which disclosed that he suffered from untreated mental illness which caused his judgment to be seriously impaired by delusions and paranoia, and that his guardianship and supervision of the subject child was consequently deficient, leaving the child's basic and indeed acute needs, most notably in the areas of mental health and education, unmet (see Family Court Act § 1012[f] ).