Opinion
Argued April 25, 1961
Decided May 18, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD G. BAKER, J.
Marland Gale for appellant.
Vincent R. FitzPatrick for Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, respondent.
John A. Lynch for the Children's Aid Society, respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, BURKE and FOSTER. Judges FULD, FROESSEL and VAN VOORHIS dissent and vote to reverse and to remit the matter to the Appellate Division for decision, upon the ground that appellant was recognized as an interested party at Special Term and must be deemed an aggrieved party for the purposes of appeal.