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IN THE MATTER OF YELDER v. JOHNSON

20 A.D.3d 325 (2005)

799 N.Y.S.2d 443

In the Matter of WILLIE YELDER et al., Petitioners, v. JOHN JOHNSON, as Commissioner of New York State Office of Children and Family Services, Respondent.

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

July 14, 2005.

In support of their postadoption application, pursuant to Social Services Law § 453 (1) (a), for a "special rate" subsidy for each of their adoptive daughters (see 18 NYCRR 427.6 [c] [4]), petitioners presented medical evidence that each child's attention deficit hyperactivity disorder (ADHD) preexisted her adoption. Since this medical evidence is uncontroverted, respondent's conclusion that each child's ADHD arose after...

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