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MATTER OF DAVID M-H.

305 A.D.2d 414 (2003)

758 N.Y.S.2d 505

In the Matter of DAVID M-H. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; PEGGY M-H, Appellant.

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

Decided May 5, 2003.

Ordered that the order is affirmed, without costs and disbursements.

"[P]arental rights may be terminated only upon clear and convincing proof of abandonment, inability to care for the child due to mental illness or retardation, permanent neglect, or severe or repeated child abuse" (Matter of Michael B., 80 N.Y.2d 299, 310 [1992]). Here, the petitioner established by clear and convincing evidence that despite the agency's...

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