MATTER OF BENNING


278 A.D. 873 (1951)

In the Matter of the Application of William Benning, Appellant, for a Writ of Habeas Corpus to Determine the Custody of Kathryn A. Benning, an Infant. Arrillio Nigro et al., Respondents

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

May 9, 1951.


Petitioner is the father of Kathryn Arlene Benning, an infant, born August 24, 1948. The infant's mother died in childbirth. After her death petitioner placed the infant in the custody of respondents who are her grandparents and her aunt. He remarried on April 9, 1949. When petitioner left his daughter with the grandparents and the aunt he left $20 for the support of the child and has contributed nothing toward her support since that time. Petitioner instituted this proceeding...

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