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MATTER OF SEIFERTH

309 N.Y. 80 (1955)

In the Matter of Martin Seiferth, Jr., an Infant, et al., Appellants. William E. Mosher, as Deputy Commissioner of Health for Erie County Health Department, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

William G. Conable and Whitney W. Gilbert for appellants.

Elmer R. Weil, County Attorney (George M. Nelson of counsel), for respondent.

CONWAY, Ch. J., DYE and FROESSEL, JJ., concur with VAN VOORHIS, J.; FULD, J., dissents in an opinion in which DESMOND and BURKE, JJ., concur.

VAN VOORHIS, J.

This is a case involving a fourteen-year-old boy with cleft palate and harelip, whose father holds strong convictions with which the boy has become imbued against medicine and surgery. This proceeding has been instituted by the deputy commissioner of the Erie County Health Department on petition to the Children's Court to have Martin declared a neglected child, and to have his custody transferred...

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