PEOPLE EX REL. HAGAN v. ALFANO


277 A.D. 565 (1950)

The People of the State of New York ex rel. Howell Hagan, Respondent, v. Mary M. Alfano, Appellant

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

December 12, 1950.


Attorney(s) appearing for the Case

Archie B. Morrison of counsel (William T. Rogers and Robert A. Dwyer with him on the brief; Morrison & Lynn, attorneys), for appellant.

Shad Polier of counsel (Polier, Rembar & Midonick, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN and VAN VOORHIS, JJ., concur; DORE, J., dissents and votes to affirm.


Per Curiam.

This proceeding involving custody of a child has unusual features, which have given us much concern. Due to the death of his mother and circumstances which prevented his father keeping him at home, this child, three and a half years of age, has, since birth, been in the custody of a maternal aunt, who admittedly has given him proper and suitable care. Indeed, the attachment of the aunt to the child and her close supervision of the child have raised...

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