Opinion
May 19, 1992
Appeal from the Family Court, New York County (Judith B. Sheindlin, J.).
The proceeding was properly dismissed for lack of proof that respondent failed to exercise a minimum degree of care in providing her daughter with an education, and that the child's physical, mental or emotional condition was impaired as a result (Family Ct Act § 1012 [f] [i] [A]; Matter of Shelley Renea K., 79 A.D.2d 1073). Respondent's uncontroverted testimony at the fact-finding hearing shows that she attempted to find a safe school for her daughter to attend, and that she provided her with a home tutor while absent from school.
Concur — Sullivan, J.P., Milonas, Wallach, Kupferman and Smith, JJ.