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MATTER OF MAXWELL

4 N.Y.2d 429 (1958)

In the Matter of the Adoption of Infant Maxwell, a Minor under the Age of Fourteen Years by John P. Smith et al., Respondents; Mary Brown, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Charles J. McDonough for appellant.

Dean E. Higgins for respondents.

Judges DYE and VAN VOORHIS concur with Judge FULD; Judge FROESSEL concurs in a separate memorandum; Judge DESMOND dissents in an opinion in which Chief Judge CONWAY and Judge BURKE concur.

FULD, J.

Shortly after his birth in 1953, the infant Maxwell was turned over to the respondents with the consent of the appellant, his natural mother, and since that time the respondents have had his care and custody. Sometime in 1954, they petitioned to acquire his permanent custody by adoption. After a hearing, at which the appellant appeared in opposition, the County Court of Erie County made an order, dated...

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