MATTER OF MICHAEL D.


37 A.D.2d 78 (1971)

In the Matter of the Adoption of Michael D., a Foster Child. Fred W. Teetsell et al., Appellants; Department of Social Services of Livingston County, Respondent

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

July 1, 1971.


Attorney(s) appearing for the Case

Robert L. McAllister for appellants.

George C. Teall, County Attorney, for respondent.

GOLDMAN, P. J., MARSH, WITMER and MOULE, JJ., concur.


CARDAMONE, J.

Petitioners-appellants, Fred and Wilma Teetsell, are of the Mormon faith and at the time of the petition were 58 and 46 years old respectively. They appeal from an order of the Family Court of Livingston County which denied, on the grounds of their age and religion, appellants' petition to adopt "Michael D." living with them since four days following his birth out-of-wedlock to a Roman Catholic mother on December

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