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  5. 39 N.Y.2d 758 (1976)
 

MATTER OF BENITEZ v. LLANO

39 N.Y.2d 758 (1976)

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

Court of Appeals of the State of New York.

Decided April 27, 1976.

Attorney(s) appearing for the Case

Melvin E. Rosenthal for appellant.

Susan B. Lindenauer and Morton B. Dicker for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Due to the concurrence of circumstances described in the opinion at the Family Court and the delays, for whatever reasons, in prosecuting this custody proceeding, the infant is within months of attaining his legal maturity, and, therefore, the legal right to choose where and with whom he will live. It would be bootless and cruel to...

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