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MATTER OF DICKENS v. ERNESTO

30 N.Y.2d 61 (1972)

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

Court of Appeals of the State of New York.

Decided February 16, 1972.

Attorney(s) appearing for the Case

George Wallach for appellants.

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

Robert E. Casey, Jr., County Attorney (Anthony C. Vaccaro of counsel), for remaining respondents.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

We are here concerned with the validity, under the United States Constitution, of the religious affiliation requirements of certain statutes (Family Ct. Act, § 116; Social Services Law, § 373; Domestic Relations Law, § 113), enacted in conformity with article VI (§ 32) of our State Constitution.

On December 22, 1969, the petitioners...

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