MATTER OF SHAMIYAH P.

16451, 16450.

134 A.D.3d 571 (2015)

23 N.Y.S.3d 169

2015 NY Slip Op 09376

In the Matter of SHAMIYAH P. and Another, Infants. ANNA P., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK et al., Respondents.

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

Decided December 22, 2015.


Clear and convincing evidence, including expert testimony from the psychologist who examined the mother and reviewed all of her available medical and agency records, supports the determination that she is presently and for the foreseeable future unable to provide proper and adequate care to the children because of her mental retardation (see Social Services Law § 384-b [4] [c]; [6] [b]). The evidence shows that even though the mother cooperated with the required...

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