In In re Jayvien E., 70 A.D.3d 430, 894 NYS2d 52 (1st Dept. 2010), the First Department reversed the trial court's finding of neglect and held that the agency failed to prove that the mother had a mental illness that impaired her child or placed him in imminent danger. The Court found that the agency alleged that the mother's psychiatric evaluation diagnosed her as suffering from Intermittent Explosive Disorder and Borderline Cognitive abilities with poor insight and judgment, but this conclusion was not supported by any testimony, and the unrefuted expert testimony of a psychologist established that there was no diagnosis in the aforementioned psychiatric report. Further, no witnesses testified to having observed the mother's alleged bizarre behavior.