MATTER OF HIME Y.


52 N.Y.2d 242 (1981)

In the Matter of Hime, Y., a Child Alleged to be a Permanently Neglected Child. Jewish Child Care Association et al., Respondents; Elaine S. Y., Appellant.

Court of Appeals of the State of New York.

Decided February 24, 1981.


Attorney(s) appearing for the Case

A. Isadore Eibel for appellant.

David H. Berman and Gerald E. Bodell for Jewish Child Care Association, respondent.

Janet R. Fink and Charles Schinitsky for Steven Hiltz, Law Guardian.

Chief Judge COOKE and Judges JASEN, GABRIELLI and MEYER concur with Judge JONES; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judge FUCHSBERG concurs.


JONES, J.

In this proceeding to terminate parental rights the evidence in the record is not sufficient to support the finding by the Appellate Division that the mother, by reason of mental illness, is presently and for the foreseeable future unable to provide proper care for her child. Its order granting the petition on that ground must therefore be reversed and the matter remitted to that court to determine...

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