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MATTER OF TAMEKA S.

143 Misc.2d 863 (1989)

In the Matter of Tameka S., a Child Alleged to be Neglected. Sandra S., Respondent.

Family Court, Monroe County.

May 15, 1989

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Tamara Guglin of counsel), for respondent. Patrick M. Malgieri, County Attorney (Marcia H. Wishengrad of counsel), for petitioner. Carol L. Eisenman, Law Guardian.

ANTHONY F. BONADIO J.

The respondent moves to dismiss this petition alleging "educational neglect" (Family Ct Act § 1012 [f] [i] [A]) on the ground that it fails to state a cause of action (CPLR 3211 [a] [7]). The motion to dismiss is denied.

Family Court Act § 1012 (f) (i) (A) defines a neglected child as a child under 18 years of age

"(i) whose physical, mental or emotional condition...

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