MATTER OF NIYA X.

508864.

79 A.D.3d 1196 (2010)

912 N.Y.S.2d 169

In the Matter of NIYA X., Alleged to be the Child of a Mentally Ill and/or Mentally Retarded Parent. SCHENECTADY COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MARTHA Y., Appellant.

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

Decided December 2, 2010.


McCARTHY, J.

Respondent's daughter (hereinafter the child) has been in foster care since her birth in 2005. Respondent has regularly exercised visitation, which has ranged in duration from one supervised hour per week, to three consecutive unsupervised overnights, and back to two supervised hours per week. Petitioner commenced this proceeding seeking to terminate respondent's parental rights based upon mental illness and mental retardation. Family Court found no proof...

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