Opinion
November 9, 1992
Appeal from the Family Court, Westchester County (Barone, J.).
Ordered that the appeals from the decisions entered January 30, 1990, and dated April 30, 1990, respectively, are dismissed, without costs or disbursements, as no appeal lies from a decision; and it is further,
Ordered that the appeal from the fact-finding order entered March 30, 1990, is dismissed, without costs or disbursements, as that order was superseded by the dispositional order entered July 2, 1990; and it is further,
Ordered that the dispositional order entered July 2, 1990, is affirmed, without costs or disbursements.
The evidence adduced in this case established that the appellant natural mother suffers from a serious and chronic mental illness which is characterized by delusions. Given the absence of adequate proof as to the appellant's willingness to accept medical treatment, or as to the efficacy of whatever treatment might exist, we also conclude that the evidence was sufficient to prove that "if the child [were] released to the mother there [would be] a substantial probability of neglect" (Matter of Eugene G., 76 A.D.2d 781, 782; see also, Matter of Millar, 40 A.D.2d 637, affd 35 N.Y.2d 767; Matter of Benjamin YY., 159 A.D.2d 815; Matter of Zariyasta S., 158 A.D.2d 45). We, therefore, agree with the Family Court, the County Attorney, and the Law Guardian, that the child who is the subject of this proceeding is "neglected" within the meaning of the Family Court Act § 1012 (f). Thompson, J.P., Bracken, Pizzuto and Santucci, JJ., concur.