In re Infant D.

New York Court of Appeals

In re Infant D.

316 N.E.2d 330, 34 N.Y.2d 806, 359 N.Y.S.2d 43, 1974 N.Y. LEXIS 1513

CourtNew York Court of Appeals

DecidedJune 12, 1974

StatusPublished

Cited by2 cases

This text of 316 N.E.2d 330 (In re Infant D.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Infant D., 316 N.E.2d 330, 34 N.Y.2d 806, 359 N.Y.S.2d 43, 1974 N.Y. LEXIS 1513 (N.Y. 1974).

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Opinion

Memorandum. The court affirms the order of the Appellate Division leaving the child with the prospective adoptive parents ón the limited ground that the hearing court made a finding of ultimate fact that the mother had abandoned the child and that finding remains undisturbed by the Appellate Division. This court is without power to disturb that determination because there is some evidence, though barely enough, [808]*808to sustain it. And because we may not review the ultimate finding of fact on the issue of abandonment, we, of course, abstain from expressing any view as to whether we agree with that finding.

It is appropriate to note, however, that the finding of the hearing court that the mother was unfit is not supportable as a matter of law by the evidence in the record.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order affirmed, with costs and disbursements to appellant.

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Memorandum. The court affirms the order of the Appellate Division leaving the child with the prospective adoptive parents ón the limited ground that the hearing court made a finding of ultimate fact that the mother had abandoned the child and that finding remains undisturbed by the Appellate Division. This court is without power to disturb that determination because there is some evidence, though barely enough, [808]*808to sustain it. And because we may not review the ultimate finding of fact on the issue of abandonment, we, of course, abstain from expressing any view as to whether we agree with that finding.

It is appropriate to note, however, that the finding of the hearing court that the mother was unfit is not supportable as a matter of law by the evidence in the record.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order affirmed, with costs and disbursements to appellant.

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Bluebook (online)

316 N.E.2d 330, 34 N.Y.2d 806, 359 N.Y.S.2d 43, 1974 N.Y. LEXIS 1513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-infant-d-ny-1974.

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