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MATTER OF WILLIAM

23 A.D.3d 735 (2005)

803 N.Y.S.2d 722

In the Matter of WILLIAM W. and Others, Alleged to be Children of a Mentally Retarded Parent. COLUMBIA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LINDA X., Appellant.

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

November 3, 2005.

Mercure, J.

Following a fact-finding hearing, Family Court sustained a petition seeking termination of respondent's parental rights based upon her mental retardation, finding that respondent lacks the minimum cognitive ability to parent a child (see Social Services Law § 384-b [4] [c]; [6] [b]). Upon appeal, respondent does not challenge the finding that she is mentally retarded and, as a result, unable to properly care for her three children, born in...

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