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MATTER OF SAMANTHA R. OHEL CHILDREN'S HOME & FAMILY SERVICES

306 A.D.2d 487 (2003)

761 N.Y.S.2d 520

In the Matter of SAMANTHA R. OHEL CHILDREN'S HOME & FAMILY SERVICES, Respondent; SINDY R., Appellant. (Proceeding No. 1.) In the Matter of JOSHUA R. OHEL CHILDREN'S HOME & FAMILY SERVICES, Respondent; SINDY R., Appellant. (Proceeding No. 2.)

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

Decided June 23, 2003.

Ordered that the orders are affirmed, without costs or disbursements.

The petitioner established, by clear and convincing evidence (see Social Services Law § 384-b [3] [g]), that the mother is presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the subject children (see Social Services Law § 384-b [4] [c]). Indeed, the uncontradicted expert testimony showed that she had sub...

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