MATTER OF ANONYMOUS v. ANONYMOUS


26 N.Y.2d 740 (1970)

In the Matter of Anonymous, Appellant, v. Anonymous, Respondent.

Court of Appeals of the State of New York.

Decided January 22, 1970.


Attorney(s) appearing for the Case

Richard D. Friedman and Robert A. Levy for appellant.

William J. Junkerman and C. Raymond Nelson for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse in the following opinion.


Order affirmed, without costs, on the opinion at the Appellate Division.

SCILEPPI, J. (dissenting).

The child (now three years old) who is the subject of the instant proceeding was born out of wedlock as a result of an interracial conjugation.

The sole question presented is whether it is in the best interests of the child to leave custody with the mother or to grant the petition and award custody to the putative father.

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