PEOPLE EX REL. KESSLER v. COTTER


285 A.D. 206 (1955)

The People of the State of New York ex rel. Jean McA. C. Kessler, Appellant, v. John G. Cotter, Respondent

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

January 5, 1955.


Attorney(s) appearing for the Case

William B. Mahoney and John B. Corcoran for appellant.

William J. Driscoll for respondent.

Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

In this habeas corpus proceeding, pursuant to article 77 of the Civil Practice Act, the contest was between the father and the mother for the custody of the child. The parties had previously been divorced and the mother had remarried. The order of the Special Term awarded the custody not to either parent but to a third person, an aunt of the child. There is no finding that the mother was an improper and unfit person or that she had abandoned her...

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