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MATTER OF KING

35 A.D.2d 1034 (1970)

In the Matter of the Adoption of Michael B. King, an Infant. Myers W. King et al., Appellants; Patrick Bolia et al., Respondents

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

December 21, 1970

Respondent, Frances King Bolia, as the natural mother of Michael Brian King, is entitled to custody in this action brought by respondents, who are nonparents, unless she abandoned the child or is "proved unfit to assume the duties and privileges of parenthood" (People ex rel. Kropp v. Shepsky, 305 N.Y. 465, 468). There is in the instant record no "compelling and substantial proof" that respondent was presently unfit to assume the duties...

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