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MATTER OF LUTHER v. RATE

226 A.D.2d 803 (1996)

640 N.Y.S.2d 343

In the Matter of Jane F. Luther et al., Appellants, v. Diane M. Rate et al., Respondents

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

April 4, 1996

Cardona, P. J.

Petitioners commenced this proceeding seeking, inter alia, custody of an infant born out of wedlock in August 1994. Unfortunately, the child's mother is deceased, allegedly killed by the child's purported biological father on September 14, 1994. Before the mother's death, she and the child lived with petitioner Jane F. Luther and her husband, petitioner Kurt R. Luther. The Luthers apparently...

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