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MTR. OF BUFFORD v. LASCARIS

37 A.D.2d 128 (1971)

In the Matter of Mary Bufford et al., Respondents, v. John L. Lascaris, Appellant; Althea McDaniel 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

Leonard C. Koldin (Philip C. Pinsky of counsel), for appellant.

Richard Hunt for Mary Bufford and another, respondents.

MARSH, WITMER, CARDAMONE and HENRY, JJ., concur.

GOLDMAN, P. J.

This is a habeas corpus proceeding to determine custody of an infant, Montwella, who was born on September 15, 1969. This is not a matter to be resolved solely by weighing absolute, legal rights. The basic, fundamental and primary issue is whether the trial court, in the exercise of its paternal jurisdiction and with its duty to provide for the best interests of the child, properly granted custody to the petitioners. To determine this question...

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