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MTR OF DICKSON v. LASCARIS

75 A.D.2d 47 (1980)

In the Matter of Clarence Dickson, Appellant, v. John Lascaris, as Commissioner of The Onondaga County Department of Social Services, et al., Respondents

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

May 23, 1980

Attorney(s) appearing for the Case

Maurie Heins for appellant.

Richard Kram for Ruby Kelly, respondent.

CARDAMONE, J. P., SIMONS and SCHNEPP, JJ., concur in Per Curiam opinion. CALLAHAN and WITMER, JJ., dissent and vote to reverse and grant the petition in an opinion by CALLAHAN, J.

Per Curiam.

The facts in the record before us in this dispute over custody reveal that petitioner-appellant Clarence Dickson, the natural father of three children aged 6, 7 and 8 years old, as a result of personal problems, in August, 1974 voluntarily placed his children with a friend, respondent Ruby Kelly. Petitioner brought a proceeding seeking custody and appeals from the order which denied his petition.

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