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MATTER OF JAHAIRE A.M.

9902.

175 A.D.3d 1183 (2019)

106 N.Y.S.3d 863

2019 NY Slip Op 06698

In the Matter of Jahaire A.M., an Infant. Tabitha A.M., Appellant; New York Foundling Hospital, Respondent.

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

September 24, 2019.

Attorney(s) appearing for the Case

Steven P. Forbes , Jamaica, for appellant.

The New York Foundling Hospital Adoption and Legal Services, Long Island City ( Daniel Gartenstein of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Diane Pazar of counsel), attorney for the child.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Webber, Moulton, JJ.

A preponderance of the evidence supports the finding that the mother failed to comply with material terms of the suspended judgment requiring her to adequately address the child's medical and educational needs while he was in her custody (see Matter of Micah T. [Josette D.], 171 A.D.3d 546 [1st Dept 2019]). The record demonstrates that the mother caused many school absences that prevented the child from receiving, inter alia, speech therapy, physical therapy, and occupational...

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