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IN THE MATTER OF MIYANI M

Appellate Division of the Supreme Court of New York, Second Department.
Feb 9, 2004
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DECISION ORDER

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The evidence adduced at the fact-finding hearing established that the child's mother suffered from a severe mental illness which prevented her from taking care of the child. The father lived with the child's mother, and his testimony at the hearing made it clear that he was either unwilling or unable to recognize the danger that the mother posed ( see Matter of Lewis Y., 293 A.D.2d 684, 685). This evidence was sufficient to prove by a preponderance of the evidence that the child was neglected pursuant to Family Court Act ยง 1012(f)(i)(B) ( see Matter of Lewis Y., supra, Matter of K. Children, 253 A.D.2d 764, 765; Matter of Jose Y., 177 A.D.2d 580, 581).

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.