MATTER OF MICHAEL D.


306 A.D.2d 938 (2003)

761 N.Y.S.2d 914

In the Matter of MICHAEL D. and Others, Infants. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MELVIN D., SR., Appellant.

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

Decided June 13, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Family Court properly granted the petition seeking termination of respondent's parental rights. Petitioner met its burden of establishing by clear and convincing evidence that respondent is presently and for the foreseeable future unable to provide proper and adequate care for his children by reason of mental illness or mental retardation...

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