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MATTER OF POST

280 A.D. 268 (1952)

In the Matter of the Application of Gordon Post et al., Respondents, for a Writ of Habeas Corpus to Inquire into the Cause of Detention of Edna Post, an Infant. Walter A. Lyford, as Commissioner of Public Welfare of Saratoga County, Appellant

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

June 13, 1952.

Attorney(s) appearing for the Case

John W. Nichols for appellant.

Samuel Caplan and Bernard Cohen for respondents.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.

HEFFERNAN, J.

On January 5, 1951, the police chief of the village of Stillwater presented a petition to Children's Court of Saratoga County alleging, in substance, that Edna Post, a child fourteen years of age, was delinquent. Later on the same day the child and her parents appeared before the Children's Court. No summons was issued requiring their attendance before that court as provided in section 11 of the...

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