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MATTER OF BENITEZ v. LLANO

47 A.D.2d 566 (1975)

In the Matter of Confesora Benitez, Appellant, v. Ana Llano et al., Respondents

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

January 30, 1975

Judgment affirmed, without costs (cf. Matter of Stuart, 280 N.Y. 245).

Martuscello, J., dissents and votes to reverse, to sustain the writ and to direct respondents to return the child to the custody of petitioner, his natural mother, with the following memorandum:

Robert Pabon, about 14 years of age when this proceeding was heard in the Family Court, was given to respondents for his care by petitioner, his natural mother, when he was three...

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