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  5. 78 A.D.2d 843 (1980)
 

MATTER OF VICTORY

78 A.D.2d 843 (1980)

In the Matter of Guardianship and Custody of Robert A. Victory, Also Known as Robert Kerber. New York Foundling Hospital, Respondent; Robert A. Victory, Sr., Appellant

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

November 25, 1980

Unanimously reversed, on the law without costs, and the matter remanded for a new hearing.

Robert Alan Victory, Sr., is the father of Robert Alan Victory, Jr. Robert was born to Maria Kerber out of wedlock and was placed with the New York Foundling Hospital (hospital) approximately nine months after his birth, after his mother, who is now dead, attempted suicide. In 1978, this proceeding was brought by the hospital to obtain guardianship and custody of the child and...

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