Opinion
October 14, 1975
In a habeas corpus proceeding by a mother to regain custody of her child, the appeal is from an order of the Family Court, Kings County, dated December 23, 1974, which denied the writ. Order affirmed, without costs. In this custody proceeding between the natural mother and a paternal grandmother, there was requisite evidence before the Family Court to rebut the presumption in favor of the natural mother (People ex rel. Scarpetta v Spence-Chapin Adoption Serv., 28 N.Y.2d 185). Rabin, Acting P.J., Cohalan, Margett, Brennan and Shapiro, JJ., concur.