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MATTER OF EATON

280 A.D. 147 (1952)

In the Matter of the Adoption of Jane L. Eaton, Appellant. Melvin C. Eaton et al., Respondents

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

May 7, 1952.

Attorney(s) appearing for the Case

Livingston S. Latham for appellant.

James W. Coleman for respondents.

BERGAN and COON, JJ., concur; FOSTER, P. J., dissents and votes to affirm; HEFFERNAN, J., dissents and votes to reverse the order under review and to remit the matter to the court below for a rehearing, with instructions to appoint a proper guardian for the protection of the appellant's interests.

BREWSTER, J.

The order appealed from was granted in a proceeding taken under section 118 of the Domestic Relations Law. Therein the petitioners-respondents sought and obtained an order abrogating their adoption of appellant as their foster child whom they duly adopted from a child placing agency of the State Charities Aid Association in 1936, when she was about seven years old. The petitioners instituted this...

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