MATTER OF ROCKEFELLER v. NICKERSON


36 Misc.2d 869 (1962)

In the Matter of Terese Rockefeller et al., Petitioners, v. Eugene Nickerson, as County Executive of Nassau County, et al., Respondents.

Supreme Court, Special Term, Nassau County.

November 6, 1962


Attorney(s) appearing for the Case

Michael M. Radwin for petitioners. Bertram Harnett, County Attorney (Morris H. Schneider of counsel), for respondents.


BERNARD S. MEYER, J.

By this article 78 proceeding, petitioners seek an order in the nature of mandamus requiring the Commissioner of Welfare to accept their application for adoption of a Negro child. Petitioners are white and their petition alleges that their application was "rejected on the ground of the unwritten policy of the Department of Welfare not to accept white foster parents for a Negro child." After...

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