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PEOPLE EX REL. "FRANCOIS" v. "IVANOVA"

14 A.D.2d 317 (1961)

The People of the State of New York ex rel. "Jean Francois", Respondent, v. "Olga Ivanova", Appellant.

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

November 14, 1961.

Attorney(s) appearing for the Case

de Bransbourgh & Merritt, attorneys (William Merritt of counsel), for appellant.

Samuel Sweetbaum, attorney (Marshall D. Sweetbaum of counsel), for respondent.

BOTEIN, P. J., RABIN, VALENTE and McNALLY, JJ., concur in Memorandum by the Court; BREITEL, J., dissents in opinion.

MEMORANDUM BY THE COURT.

Order, entered on April 17, 1961, to the extent it grants visitation rights to the petitioner, affirmed. The child was born out of wedlock. Petitioner is the father and respondent the mother. Subsequent to the birth of the infant the petitioner obtained a divorce decree from his wife. The parties did not marry, each party blaming the other for refusing to so do. It appears, however, that the parties and the infant lived together as a family...

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