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MATTER OF BABY K.

188 Misc.2d 228 (2001)

727 N.Y.S.2d 283

In the Matter of the Guardianship of BABY K., an Infant.

Surrogate's Court, Broome County.

May 11, 2001.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, L. L. P., Binghamton (Elizabeth K. Joggerst of counsel), for petitioners.

Thomas, Collison & Meagher, Endicott (Daniel L. Seiden of counsel), for respondents.

OPINION OF THE COURT

EUGENE E. PECKHAM, S.

Joseph and Mary K. have petitioned under article 17 of the Surrogate's Court Procedure Act to be appointed guardians of the unborn child of their 17-year-old daughter, Linda (a fictitious name). The baby is viable since Linda is eight months pregnant. The sole purpose for the application is so the baby will be covered under Joseph's Blue Cross Blue Shield health insurance policy.

The question presented is...

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