MATTER OF ANTONIO V., JR.


268 A.D.2d 341 (2000)

701 N.Y.S.2d 417

In the Matter of ANTONIO V., JR., and Others, Infants. SHELTERING ARMS CHILDREN'S SERVICES, Respondent; ANTONIO V., SR., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 20, 2000.


The uncontroverted testimony of the court-appointed psychologist provided clear and convincing evidence that appellant suffered from mental retardation and that he is presently and for the foreseeable future unable, by reason of such condition, to care adequately for the children. Given the record that establishes appellant's present and future inability to adequately care for the children, a dispositional hearing was not necessary in order to find that termination of appellant...

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