Opinion
May 21, 1998
Appeal from the Family Court, Bronx County (Bruce Kaplan, J.)
A preponderance of the evidence adduced at the fact-finding hearing concerning respondent's bizarre behavior, erratic temperament and reluctance to attend recommended psychiatric treatment sessions warranted the court's finding of neglect and its ensuing dispositional determination, notwithstanding evidence of respondent's intelligence and concern for her daughter, and the absence of proof that she was afflicted with a definitive mental illness ( see, Family Ct Act § 1012 [f] [i] [B]; cf., Matter of Zariyasta S., 158 A.D.2d 45, 47-48). Also significant was respondents testimony at the dispositional hearing admitting that although her therapist had prescribed medications to relieve her evident stress, particularly during supervised visitation with her child, she adamantly refused to take them.
Concur — Rosenberger, J.P., Nardelli, Wallach, Rubin and Mazzarelli, JJ.