Callanan Road Improvement Co. v. Town of Newburgh

Appellate Division of the Supreme Court of New York

Callanan Road Improvement Co. v. Town of Newburgh

5 A.D.2d 1003, 173 N.Y.S.2d 780, 1958 N.Y. App. Div. LEXIS 6252

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 1958

StatusPublished

Cited by7 cases

This text of 5 A.D.2d 1003 (Callanan Road Improvement Co. v. Town of Newburgh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Callanan Road Improvement Co. v. Town of Newburgh, 5 A.D.2d 1003, 173 N.Y.S.2d 780, 1958 N.Y. App. Div. LEXIS 6252 (N.Y. Ct. App. 1958).

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Opinion

Appeal (1) from so much of an order as sustains a writ of habeas corpus and awards the custody of an infant to her mother, the respondent on this appeal, and (2) from findings that respondent did not abandon the infant and that she is in all respects a fit and proper person to have custody. Order insofar as appealed from unanimously affirmed, without costs. The infant was surrendered to appellants for adoption immediately after its birth. Almost at once, respondent experienced a change of mind, consulted an attorney with regard to regaining custody, and instituted the instant proceeding within six months of the surrender of the child to appellants. At the hearing, no issue was raised as to respondent’s fitness, nor was there any proof or claim that respondent- was actuated by an improper motive in seeking to regain custody. On the record presented, the learned Special Term was entirely justified in finding that respondent had not abandoned the infant, and in awarding custody to her. (Cf. People ex rel. Kropp v. Shepsky, 305 N. Y. 465; Matter of Giliberto [Diangson] 4 A D 2d 692, affd. 3 N Y 2d 915.) Appeal from findings dismissed, without costs. No separate appeal lies from findings.

Present — Nolan, P. J., Beldock, Murphy, Ughetta and Hal-linan, JJ.

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Appeal (1) from so much of an order as sustains a writ of habeas corpus and awards the custody of an infant to her mother, the respondent on this appeal, and (2) from findings that respondent did not abandon the infant and that she is in all respects a fit and proper person to have custody. Order insofar as appealed from unanimously affirmed, without costs. The infant was surrendered to appellants for adoption immediately after its birth. Almost at once, respondent experienced a change of mind, consulted an attorney with regard to regaining custody, and instituted the instant proceeding within six months of the surrender of the child to appellants. At the hearing, no issue was raised as to respondent’s fitness, nor was there any proof or claim that respondent- was actuated by an improper motive in seeking to regain custody. On the record presented, the learned Special Term was entirely justified in finding that respondent had not abandoned the infant, and in awarding custody to her. (Cf. People ex rel. Kropp v. Shepsky, 305 N. Y. 465; Matter of Giliberto [Diangson] 4 A D 2d 692, affd. 3 N Y 2d 915.) Appeal from findings dismissed, without costs. No separate appeal lies from findings.

Present — Nolan, P. J., Beldock, Murphy, Ughetta and Hal-linan, JJ.

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Bluebook (online)

5 A.D.2d 1003, 173 N.Y.S.2d 780, 1958 N.Y. App. Div. LEXIS 6252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callanan-road-improvement-co-v-town-of-newburgh-nyappdiv-1958.

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