DICK v. SCARFIA


7 A.D.2d 618 (1958)

Mae Dick, Appellant, v. Michael Scarfia et al., Respondents

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

October 29, 1958


Order reversed on the law and facts and matter remitted to the Special Term for further proceedings not inconsistent with the memorandum.

Memorandum:

The mother of a child brought this proceeding in habeas corpus to recover custody of the child from the defendants. The defendants, who are not related to the child, set up an affirmative defense of abandonment. The order appealed from provided that the writ be sustained and the infant returned to the mother...

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