MATTER OF NEREIDA


57 N.Y.2d 636 (1982)

In the Matter of the Guardianship and Custody of Nereida S. and Another, Infants. Law Guardian of Nereida S. and Another, Infants, Respondents; Catholic Guardian Society, Respondent; Samuel L., Appellant; Attorney-General of the State of New York, Intervenor. In the Matter of the Guardianship and Custody of Sylvia M. and Another, Infants. Cardinal McCloskey School and Home, Respondent; Manuela M. et al., Appellants; Attorney-General of the State of New York, Intervenor.

Court of Appeals of the State of New York.

Decided July 2, 1982.


Attorney(s) appearing for the Case

Louise Gruner Gans, Edward N. Simon, Michael B. Hampden, Diane Morrison, Lucy Billings and Natalie Kaplan for Samuel L., appellant.

Edward N. Simon, Joseph Zalk, Louise Gruner Gans, Marlene Halpern, Carolyn Kubitschek, Lucy Billings and Natalie Kaplan for Manuela M., appellant.

James A. Cardiello for Sylvia M., appellant.

John F. McGlynn, Barbara H. Dildine and Lenore Gittis, Law Guardian, for Nereida S. and others, respondents.

David H. Berman and Gerald E. Bodell for Cardinal McCloskey School and Home, respondent.

Terry McGuire for Catholic Guardian Society, respondent.

Robert Abrams, Attorney-General (Robert J. Schack and Peter H. Schiff of counsel), intervenor pro se.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI concurs in result only.


MEMORANDUM.

The orders of the Appellate Division should be affirmed, without costs.

In each of these proceedings to terminate parental rights, the record reveals "clear and convincing proof" (Social Services Law, § 384-b, subd 3, par [g]) that the parent is "presently and for the foreseeable future unable, by reason of mental illness * * * to provide proper and adequate care" for the children (Social Services...

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