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MATTER OF STARR v. DE ROCCO

29 A.D.2d 662 (1968)

In the Matter of Bruce J. Starr et al., Respondents, v. Anthony De Rocco et al., Appellants

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

January 15, 1968

The State Constitution (N. Y. Const., art. VI, § 32) provides that, when any court having jurisdiction over a child places it in the custody of any person, the child shall be placed, when practicable, in the custody of a person of the same religious persuasion as the child. We do not interpret this to mean that in all cases, regardless of circumstances, custody must be granted only to persons of the same religious faith as the child (cf. Matter of Maxwell<...

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