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MTR. OF DICKENS v. ERNESTO

37 A.D.2d 102 (1971)

In the Matter of Robert S. Dickens et al., Appellants, v. Penelope Ernesto et al., Respondents

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

June 25, 1971.

Attorney(s) appearing for the Case

George Wallach for appellants.

Robert E. Casey, Jr., County Attorney (Anthony C. Vaccaro of counsel), for Penelope Ernesto and others, respondents.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for State of New York, respondent.

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

CARDAMONE, J.

We are asked to declare unconstitutional the religious affiliation requirements of certain New York statutes, enacted in conformity with section 32 of article VI of the New York Constitution, as set forth in section 116 of the Family Court Act, section 373 of the Social Services Law, and section 113 of the Domestic Relations Law because, it is alleged...

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