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MATTER OF MITTENTHAL v. DUMPSON

37 Misc.2d 502 (1962)

In the Matter of Esther Mittenthal, Petitioner, v. James Dumpson, as Commissioner of Welfare of the City of New York, et al., Respondents.

Family Court, Bronx County, Juvenile Term.

December 28, 1962

Attorney(s) appearing for the Case

Milton H. Ellerin for petitioner. Hazel Schizer, as guardian of Fred Mittenthal. Hyman H. Leo for Commissioner of Welfare of City of New York, respondent. Gertrude Schwartz for Jewish Child Care Association, respondent.

MILLARD L. MIDONICK, J.

This appears to be the case of first impression in which a proceeding on a writ of habeas corpus has been referred by the Supreme Court to the Family Court to determine such proceeding, under section 651 of the Family Court Act, with the same powers possessed by the Supreme Court.

A writ of habeas corpus was issued on the 28th day of August, 1962 by the Supreme Court of the State of New York, Bronx County, on the petition...

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