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Matter of Anonymous v. Anonymous

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1959
7 A.D.2d 932 (N.Y. App. Div. 1959)

Opinion

February 24, 1959

Present — Nolan, P.J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.


In a habeas corpus proceeding to obtain custody of a child, the appeal is (1) from an order dismissing the writ, and (2) from so much of an order as denied appellant's motion to vacate the order dismissing the writ and to set aside the habeas corpus proceeding. Appellant, an infant, asserts that the order dismissing the writ should have been vacated because no guardian ad litem had been appointed for her prior to the determination of the proceeding. Appeals dismissed, without costs. The order should have been, and may still be, vacated on a proper application for such relief (see Anderson v. Anderson, 164 App. Div. 812; Byrnes v. Byrnes, 109 App. Div. 535; Seiden v. Reimer, 190 App. Div. 713, affd. 232 N.Y. 593; 19 Carmody-Wait, New York Practice, p. 671; cf. Civ. Prac. Act, § 109). However, the appeals are not properly before us, since no guardian has been appointed to prosecute them.


Summaries of

Matter of Anonymous v. Anonymous

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1959
7 A.D.2d 932 (N.Y. App. Div. 1959)
Case details for

Matter of Anonymous v. Anonymous

Case Details

Full title:In the Matter of ANONYMOUS, Appellant, against ANONYMOUS, Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 24, 1959

Citations

7 A.D.2d 932 (N.Y. App. Div. 1959)

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