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MATTER OF BENNETT v. JEFFREYS

40 N.Y.2d 543 (1976)

In the Matter of Joanne Bennett, Respondent, v. Marie Jeffreys, Also Known as Marie Green, Also Known as Marie Morrow, Appellant.

Court of Appeals of the State of New York.

Decided September 21, 1976.

Attorney(s) appearing for the Case

Jerome J. Goldstein, Mount Vernon, for appellant.

John T. Hand and Lawrence S. Kahn, Mount Vernon, for respondent.

Herbert J. Malach, Law Guardian, New Rochelle, Marcia Robinson Lowry and William J. Toppeta, New York City, for infant.

Judges JASEN, GABRIELLI, JONES, WACHTLER and Cooke concur with Chief Judge BREITEL; Judge FUCHSBERG concurs in result in a separate opinion.

Chief Judge BREITEL.

Petitioner is the natural mother of Gina Marie Bennett, now an eight-year-old girl. The mother in this proceeding seeks custody of her daughter from respondent, to whom the child had been entrusted since just after birth. Family Court ruled that, although the mother had not surrendered or abandoned the child and was not unfit, the child should remain with the present custodian, a former...

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