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PEOPLE EX REL. CHOOLOKIAN v. MISSION OF IMMAC. VIRGIN

300 N.Y. 43 (1949)

The People of the State of New York ex rel. Hamportzoon Choolokian, Appellant, v. Mission of the Immaculate Virgin et al., Respondents. The People of the State of New York ex rel. Hamportzoon Choolokian, Appellant, v. New York Foundling Hospital et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1949

Attorney(s) appearing for the Case

Samuel M. Blinken for appellant.

Raymond L. Wise and Margaret K. Udell for American Civil Liberties Union, amicus curiæ, in support of appellant's position.

Richard K. Gregory for the Human Relations Commission of the Protestant Council of the City of New York and the Prelacy of the Armenian Apostolic Church in America, Inc., amici curiæ, in support of appellant's position.

Armenian National Council of America, by Charles A. Vertanes, director, and Oksen Sarian, acting chairman, amicus curiæ, in support of appellant's position.

Charles G. Coster for Mission of the Immaculate Virgin, respondent.

Joseph V. McKee and Philip G. Reilly for New York Foundling Hospital, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and BROMLEY, JJ., concur in Per Curiam opinion; FULD, J., concurs in separate opinion.

Per Curiam.

In these habeas corpus proceedings there was ample evidence to sustain the findings of the trial court, unanimously affirmed by the Appellate Division, that the relator was not fit, competent or able to care for his children and that it would not be to their best interests to be taken by him to Armenia. (See Finlay v. Finlay, 240 N.Y. 429.) The dismissal of the writs of habeas corpus herein should...

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