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MATTER OF HENRY W.

31 A.D.3d 940 (2006)

818 N.Y.S.2d 348

In the Matter of HENRY W., Alleged to be the Child of a Mentally Retarded Parent. COLUMBIA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; HENRY MM., Appellant. (Proceeding No. 1.) In the Matter of HENRY W., Alleged to be the Child of a Mentally Ill Parent. COLUMBIA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; APRIL X., Appellant. (Proceeding No. 2.)

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

July 13, 2006.

Lahtinen, J.

Respondents Henry MM. (hereinafter the father) and April X. (hereinafter the mother) are the unmarried biological parents of a child, Henry W. (born in 2004). The child was removed from the mother's care the day after his birth, petitioner filed a neglect petition against her, Family Court found the child to be neglected and we recently affirmed that determination(see Matter of Henry W.,

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