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MATTER OF SISTERS OF MERCY v. BARBIERI

200 Misc. 112 (1950)

In the Matter of Convent of the Sisters of Mercy et al., Petitioners, v. Laura Barbieri, Respondent.

Supreme Court, Special Term, Queens County.

February 14, 1950.

Attorney(s) appearing for the Case

Francis M. McGoldrick for Convent of Sisters of Mercy, petitioner.

John P. McGrath, Corporation Counsel (Philip Sokol and David S. Rosenberg of counsel), for Raymond M. Hilliard, as Commissioner of Welfare of City of New York, petitioner.

Stanley M. Lazarus for respondent.

Frederick L. Kane for Catholic Home Bureau for Dependent Children, amicus curiæ.

COLDEN, J.

This is a habeas corpus proceeding involving the custody of a five-year-old female child. On January 28, 1946, this child was placed by the commissioner of welfare of the City of New York in the custody of the petitioner, Convent of the Sisters of Mercy in Brooklyn, which conducts the Angel Guardian Home. Thereafter on July 14, 1948, she was placed in the home of respondent as a boarding child under the terms of an application dated February...

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