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PEOPLE EX REL. ANONYMOUS v. ANONYMOUS

10 N.Y.2d 332 (1961)

The People of the State of New York ex rel. Anonymous, by Her Guardian ad Litem, Respondent, v. Anonymous et al., Appellants.

Court of Appeals of the State of New York.

Decided November 30, 1961.

Attorney(s) appearing for the Case

David G. Lubell and Raymond Reisler for appellants.

Benjamin Heller and Harry H. Lipsig for respondent.

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

FULD, J.

This contest between the natural mother and foster parents over the custody of a child, now almost 5 years old, gives rise to questions which are always distressing and usually perplexing as well. Their answer in this case depends upon our assessing the evidence offered at the trial and determining whether the foster parents have sustained the burden of proof...

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