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MATTER OF OMAR W.

Docket No. B-43917/16. Appeal No. 14903-14903A. Case No. 2020-01370.

200 A.D.3d 630 (2021)

155 N.Y.S.3d 776

2021 NY Slip Op 07533

In the Matter of Muhamad Omar W., an Infant. Jessica W., Appellant; Little Flower Children and Family Services et al., Respondents.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Daniel R. Katz , New York, for appellant.

Carrieri & Carrieri, P.C., Saint James ( Ralph R. Carrieri of counsel), for respondents.

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

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

Petitioner established by clear and convincing evidence that respondent is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for her child (see Social Services Law § 384-b[3][g][i]; [4][c]; [6][a]; Matter of Thaddeus Jacob C. [Tanya K.M.], 104 A.D.3d 558 [1st Dept 2013]). The evidence includes a report and testimony by a court-appointed psychologist who,...

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