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IN RE BARBARA
Appellate Division of the Supreme Court of New York, Second Department.
May 27, 2008
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Ordered that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.
Contrary to the mother's contention, the Family Court did not err in failing to, sua sponte, appoint a guardian ad litem for her. The record demonstrates that, despite her mental retardation, the mother was capable of understanding the proceedings, defending her rights, and assisting counsel ( see CPLR 1201; Matter of Shawndalaya II., 31 AD3d 823, 824-825; Matter of Justice T., 19 AD3d 1079, 1080; Matter of Philip R., 293 AD2d 547, 548; Matter of Casey J., 251 AD2d 1002; cf Anonymous v Anonymous, 256 AD2d 90, 91).
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