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MATTER OF HILL (McCARLEY)

3 A.D.2d 424 (1957)

In the Matter of Demond Hill, Appellant. Alice McCarley, Respondent

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

April 17, 1957.

Attorney(s) appearing for the Case

Lester Harwood Block for appellant.

Frank Pitterman for respondent.

All concur, except VAUGHAN and KIMBALL, JJ., who dissent and vote for reversal and to sustain the writ, in an opinion by KIMBALL, J., in which VAUGHAN, J., concurs. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

McCURN, P. J.

The petitioner in a habeas corpus proceeding seeks to obtain the custody of his 11-year-old son. The appeal is from an order of the Special Term dismissing the petition and remanding the custody of the child to the respondent.

The infant's mother died at childbirth. The infant at the age of 9 days was brought from the hospital, where he was born, to the home of the respondent, his maternal...

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