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MATTER OF ROE v. N. Y. FOUNDLING HOSP.

36 A.D.2d 100 (1971)

In the Matter of Mary Roe, Respondent, v. New York Foundling Hospital, Appellant

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

February 25, 1971.

Attorney(s) appearing for the Case

William P. Ford of counsel (Thomas R. Esposito with him on the brief; Mudge Rose Guthrie & Alexander, attorneys), for appellant.

Philip F. Solomon of counsel (Solomon & Solomon, attorneys), for respondent.

CAPOZZOLI and KUPFERMAN, JJ., concur with McNALLY, J., STEVENS, P. J., dissents in an opinion, in which NUNEZ, J., concurs.

McNALLY, J.

This custody proceeding was before us on petitioner's appeal from an order of March 19, 1969 denying her application for custody (33 A.D.2d 83). The appeal therefrom to the Court of Appeals (27 N.Y.2d 533) on a stipulation for judgment absolute was dismissed, the court holding that such a stipulation in custody matters was contrary...

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