MATTER OF KHADIJAH DESTINY H.

10876

110 A.D.3d 601 (2013)

973 N.Y.S.2d 616

2013 NY Slip Op 6970

In the Matter of KHADIJAH DESTINY H., an Infant. CARMELLA MARIA R., Appellant; NEW ALTERNATIVES FOR CHILDREN, INC., Respondent.

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

Decided October 29, 2013.


Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 29, 2011, which, insofar as appealed from as limited by the briefs, found that respondent mother was presently and for the foreseeable future unable to care for the subject child by reason of mental retardation, unanimously affirmed, without costs.

Petitioner met its burden of proving by clear and convincing evidence that respondent suffers from mental retardation within the meaning of...

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