In re Henderson — 242 N.Y. 516

Majority

p. 516

In the Matter of David Henderson, an Infant. Margaret Henderson, Appellant; Spence Alumnæ Society, Respondent.

Headnote

Adoption — parent and child — within discretion of Supreme Court to require charitable corporation to furnish mother of child left with it for adoption, unth information as to the court in which adoption proceedings were had and the date and title thereof — improper exercise of discretion.

Matter of Henderson, 215 App. Div. 652 , affirmed.

(Argued January 14, 1926;

decided February 24, 1926.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 23, 1925, which reversed an order of Special Term directing the respondent, the Spence ' Alumnae Society, to furnish the petitioner, Margaret Henderson, or her attorney, with the name of the court wherein pro

p. 517

ceedings for the adoption of her child were had, the title of the proceedings and the date of the order of adoption. The Appellate Division held that while the court had power, in the exercise of a sound discretion, to require that the information be furnished, such power was improperly exercised in this case.

Bernard II. Sandler and Ina Wollison for appellant.

Alfred Rathheim, John Caldwell Myers and Orlando P„ Metcalf for respondent.

Albert Ottinger, Attorney-General (George W. Davis of counsel), for State Board of Charities.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.