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MATTER OF REED v. DANIELS

45 A.D.2d 980 (1974)

In the Matter of James Reed, as Director of Social Services, Respondent, v. Mitchell Daniels et al., Appellants

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

September 12, 1974

Judgment unanimously affirmed, without costs.

Memorandum:

It has long been established that "in matters touching the custody of infants, in the absence of superior parental rights, the court functions as parens patriae to do what is best for the interest of the children" (Matter of Kurtis v. Ballou, 33 A.D.2d 1034). Ordinarily, therefore, in a habeas corpus proceeding concerning the custody of a child brought...

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