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MATTER OF JUDE B.

Index No. G-19617/18. Appeal No. 13955. Case No. 2020-01215.

195 A.D.3d 402 (2021)

150 N.Y.S.3d 58

2021 NY Slip Op 03400

In the Matter of Nicolas Jude B., a Child Alleged to be Neglected. Rosetta B., Respondent; Administration for Children's Services, Respondent; Michelle B., Appellant.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for appellant.

Dawne A. Mitchell , The Legal Aid Society, New York ( Riti P. Singh of counsel), attorney for the child.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.

In 2008, the biological mother was found to have neglected the child by failing to comply with mental health services and meet the child's special developmental needs. The child was subsequently placed in the care of the foster mother when the child was approximately four years old and has remained in her care for over 10 years.

The evidence established that extraordinary circumstances existed as a result of the prolonged separation between the biological mother and...

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