PEOPLE EX REL. FELDMAN v. WARDEN OF NEW YORK CITY CORR. INST. FOR WOMEN


36 N.Y.2d 846 (1975)

The People of the State of New York ex rel. Teddy Feldman, Appellant, v. Warden of New York City Correctional Institute for Women, and Jo Oppenheimer, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1975.


Attorney(s) appearing for the Case

Bonnie Brower, William Gallagher, William Hellerstein and Eric A. Seiff for appellant.

Bernard S. Meyer, Samuel G. Fredman, John P. Seligman and Charles M. Newman for Jo Oppenheimer, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG taking no part.


MEMORANDUM.

Since the finding of Special Term that relator willfully refused to comply with the court's direction to produce the child in the custody proceeding, although she had the present ability to do so, was justified by the evidence, in view of the affirmance by the Appellate Division, and since there were no legal errors warranting reversal, the order of the Appellate Division should be affirmed, without costs. Upon...

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