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MATTER OF TEIXERIA v. TEIXERIA

205 A.D.2d 545 (1994)

613 N.Y.S.2d 49

In the Matter of John Teixeria, Appellant, v. Theresa Teixeria, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 6, 1994

Ordered that the order is affirmed, with costs.

The petitioner father, who is currently serving a sentence of 25 years to life imprisonment in a New York State correctional facility, sought visitation with his now 7-year-old daughter, who is afflicted with Down's Syndrome. We find that the Family Court's denial of his petition is supported by substantial evidence that visitation would be inimical to the welfare of the child...

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