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  5. 29 N.Y.2d 196 (1971)
 

SPENCE-CHAPIN ADOPTION SERV. v. POLK

29 N.Y.2d 196 (1971)

In the Matter of Spence-Chapin Adoption Service, Respondent, v. Herbert Polk et al., Appellants. The People of the State of New York ex rel. Leo H. Barry, Respondent, v. Spence-Chapin Adoption Service et al., Respondents, and Herbert Polk et al., Appellants.

Court of Appeals of the State of New York.

Decided September 23, 1971.

Attorney(s) appearing for the Case

Edward L. Sadowsky, James H. Goodfriend, Stacy L. Wallach and Stanley Posess for appellants.

Roy L. Reardon and James Wawro for respondent.

Leo H. Barry, pro se, respondent.

Helen L. Buttenwieser for New York Civil Liberties Union, amicus curiae.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.

BREITEL, J.

These are two proceedings. One is by the Spence-Chapin Adoption Service, to recover the custody of a three-year-old child from the Polks, foster care "custodians" to whom the agency had delivered the child for compensated foster care to be returned on demand. The other is by the unwed mother of the child to regain custody. Neither proceeding is an adoption proceeding and the child has never been placed...

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