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MATTER OF VIANA CHILDREN

124 Misc.2d 543 (1984)

In the Matter of the Viana Children, Alleged to be Infants of a Mentally Retarded Parent.

Family Court, Nassau County.

June 6, 1984

Attorney(s) appearing for the Case

Michael Fogarty for petitioner. John C. Schaeffer, Jr., for respondent. Nathan Edelstein, Law Guardian.

RALPH DIAMOND, J.

This is a case of first impression as to whether the recent Court of Appeals decision in Matter of Shelia G. (61 N.Y.2d 368) applies to termination proceedings based upon mental retardation. The Matter of Shelia G. decision involved a termination petition based upon permanent neglect. The current petition before the court is for termination of parental rights based upon mental retardation...

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