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PEOPLE EX REL. OLECHARSKI v. NEPERENY

26 N.Y.2d 1010 (1970)

The People of the State of New York ex rel. Juanita Olecharski, Respondent, v. Ida Nepereny et al., Appellants.

Court of Appeals of the State of New York.

Decided April 23, 1970.

Attorney(s) appearing for the Case

Michael H. Stephens and William A. Argentieri for appellants.

Thomas S. Pera and Nathaniel A. Barrell for respondent.

Judges SCILEPPI, BREITEL, JASEN and GIBSON concur; Chief Judge FULD and Judges BURKE and BERGAN dissent and vote to affirm on the opinion at the Trial Term.

MEMORANDUM.

Petitioner's pregnancy out-of-wedlock does not ipso facto bar her custodial right, which remains primary and superior "unless * * * she has abandoned that right or is proved unfit" (People ex rel. Kropp v. Shepsky, 305 N.Y. 465, 468); but the event should have prompted investigation and consideration of her present manner of life and of her current household and familial...

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