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MATTER OF ISAAC v. GREENBERG

11 N.Y.2d 869 (1962)

In the Matter of William H. Isaac, Respondent, v. Edith E. Greenberg et al., Appellants.

Court of Appeals of the State of New York.

Decided April 5, 1962.

Attorney(s) appearing for the Case

Shad Polier and Stephen Wise Tulin for appellants.

No appearance for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents in the following memorandum.

Order affirmed, without costs. Motion for a stay denied.

VAN VOORHIS, J. (dissenting).

In my view this child was legally abandoned by relator who is, therefore, not entitled to custody in this proceeding (People ex rel. Kropp v. Shepsky, 305 N.Y. 465). In this sense, the term "abandonment" is not necessarily a term of reproach since, in leaving the child with the grandmother six years ago, he probably did...

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