MATTER OF WHITTEMORE v. WHITTEMORE


202 Misc. 175 (1951)

In the Matter of Sarah L. Whittemore, Petitioner, v. Joseph D. Whittemore, Jr., Respondent.

Supreme Court, Special Term, New York County.

November 16, 1951.


Attorney(s) appearing for the Case

Maurice J. McCarthy, Jr., for petitioner.

Harold F. Levin for respondent.


CORCORAN, J.

The children of the parties are in the de facto custody of their father, the respondent. Their mother, the relator, has asked that a writ of habeas corpus be granted awarding custody to her. The issues were heard by an Official Referee who has submitted a report in which he recommends that custody be awarded to the mother. The relator moves to confirm the report, and the respondent moves to vacate it.

The parties were married...

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