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PEOPLE EX REL. LOUISA v. FAELLA

37 A.D.2d 598 (1971)

The People of the State of New York ex rel. Patricia Louisa, an Infant, by Her Mother and Natural Guardian Eileen Louisa, Appellant, v. Alfred Faella et al., Respondents

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

June 14, 1971

Order reversed, on the law and the facts, without costs, writ sustained and custody of the child awarded to petitioner Patricia Louisa.

On this record it is, to say the least, doubtful that the surrender by petitioner Patricia Louisa of her baby and her consent to the child's adoption were truly voluntary. If it be assumed that they were, the consent was effectively revoked by a request for the return of the baby less than 30 days after it was surrendered and the...

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