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MATTER OF MICHELIC

200 Misc. 114 (1950)

In the Matter of the Application of Alois Michelic, for a Writ of Habeas Corpus to Determine the Custody of Mary Michelic, an Infant.

Supreme Court, Special Term, Queens County.

August 24, 1950.

Attorney(s) appearing for the Case

William King for Alois Michelic, petitioner.

Herbert E. Rosenberg for Carl Zanchelli and another, respondents.

John P. McGrath, Corporation Counsel (David Rosenberg of counsel), for Raymond M. Hilliard, as Chairman of the Department of Welfare of the City of New York, respondent.

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

STODDART, J.

In this habeas corpus proceeding, the petitioner father seeks the custody of his child. The welfare department of the City of New York and the Angel Guardian Home, as parties to the proceeding, ask that the child be returned to the Angel Guardian Home.

In opposition to changing the child's custody appear Mr. and Mrs. Zanchelli, with whom the child is presently boarding and with whom the child has been boarding for a number of years...

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