MATTER OF INFANT D.


34 N.Y.2d 806 (1974)

In the Matter of Infant D. (Anonymous).

Court of Appeals of the State of New York.

Decided June 12, 1974.


Attorney(s) appearing for the Case

Ute Wolff Lally for appellant.

Samuel Gottlieb and Alan C. Krieger for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

The court affirms the order of the Appellate Division leaving the child with the prospective adoptive parents on the limited ground that the hearing court made a finding of ultimate fact that the mother had abandoned the child and that finding remains undisturbed by the Appellate Division. This court is without power to disturb that determination because there is some evidence, though barely enough,

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