Opinion
CAF 03-00668.
Decided April 30, 2004.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered February 20, 2003 in a proceeding pursuant to Social Services Law § 384-b. The order granted the petition to terminate the parental rights of respondent and free her child for adoption.
ALAN BIRNHOLZ, AMHERST, FOR RESPONDENT-APPELLANT.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR CHRISTIAN A.
Before: PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order granting the petition seeking to terminate her parental rights with respect to her son on the ground of mental retardation and to free him for adoption ( see Social Services Law § 384-b). Respondent's sole contention, that the evidence is insufficient to establish mental retardation because petitioner did not introduce evidence that the mental retardation originated during respondent's developmental period ( see § 384-b[6][b]), is not preserved for our review, and thus we do not address that contention ( see Matter of Star Leslie W., 63 N.Y.2d 136, 145; Matter of Lisa T., 247 A.D.2d 882, 882-883; Matter of Dixie Lu EE., 142 A.D.2d 747, 748).