Roe v. New York Foundling Hospital

New York Court of Appeals

Roe v. New York Foundling Hospital

261 N.E.2d 111, 27 N.Y.2d 533, 312 N.Y.S.2d 1002, 1970 N.Y. LEXIS 1311

DecidedMay 14, 1970

StatusPublished

This text of 261 N.E.2d 111 (Roe v. New York Foundling Hospital) 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

Roe v. New York Foundling Hospital, 261 N.E.2d 111, 27 N.Y.2d 533, 312 N.Y.S.2d 1002, 1970 N.Y. LEXIS 1311 (N.Y. 1970).

Pincite

Opinion

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding [534]*534within the meaning of the Constitution. It is contrary to public policy to stipulate for judgment absolute, in this case involving the custody of a child, where the resulting disposition on the law could be contrary to what may be factually determined to be in the best interests of the child (see Cohen and Karger, Powers of the New York Court of Appeals, pp. 286-287).

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Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding [534]*534within the meaning of the Constitution. It is contrary to public policy to stipulate for judgment absolute, in this case involving the custody of a child, where the resulting disposition on the law could be contrary to what may be factually determined to be in the best interests of the child (see Cohen and Karger, Powers of the New York Court of Appeals, pp. 286-287).

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Bluebook (online)

261 N.E.2d 111, 27 N.Y.2d 533, 312 N.Y.S.2d 1002, 1970 N.Y. LEXIS 1311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roe-v-new-york-foundling-hospital-ny-1970.