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IN THE MATTER OF DONALD W.

17 A.D.3d 728 (2005)

793 N.Y.S.2d 217

In the Matter of DONALD W. and Another, Alleged to be the Children of Mentally Ill and/or Mentally Retarded Parents. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DONALD X., Appellant. (And Another Related Proceeding.)

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

April 7, 2005.

Kane, J.

Petitioner filed petitions against respondents seeking to terminate their parental rights to their two children based on respondents' mental retardation and/or mental illness. After a fact-finding hearing, Family Court determined that both respondents are mentally retarded and the mother suffered from mental illness, and that each of these conditions rendered respondents unable, presently and for the foreseeable future, to provide proper and adequate care...

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