Majority
p. 652In the Matter of David Henderson, an Infant. Spence Alumnæ Society, Appellant; Margaret Henderson, Respondent. State Board of Charities, Appearing Amicus Curiæ.
Headnote
Adoption — application for order to compel disclosure of court wherein proceedings were had, title of proceedings and date of order, denied on discretion of court.Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office on September 18, 1925, granting petitioner’s motion for an order requiring the Spence Alumnae Society to furnish petitioner or her attorney with the name of the court wherein proceedings for the adoption of David Henderson, an infant, were had, the title of the proceedings and the date of the order of adoption.
While the power of the court to require the furnishing of the information sought for in this proceeding is undoubted, still such power should be exercised only in a proper ease and one which appeals to the discretion of the court. The present case is not such an one, and it sufficiently appears that the information desired should not be furnished to the petitioner. The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Martin, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.