In re Thomas B.

Appeal from an order of the Family Court, Chautauqua County (Judith S. Claire, J.), entered July 13, 2005 in a proceeding pursuant Social Services Law § 384-b. The order adjudged that respondent is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the child, transferred the guardianship and custody rights of respondent to petitioner and authorized petitioner to consent to the adoption of the child.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by remitting the…