Hyperlawhypertext legal databasebeta Roe v. New York Foundling Hospital 27 N.Y.2d 533

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Roe v. New York Foundling Hospital

27 N.Y.2d 533 Court N.Y. Decision date 1970-05-14 English

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p. 533
In the Matter of Mary Roe, Respondent, v. New York Foundling Hospital, Appellant.
Argued May 11, 1970;
decided May 14, 1970.
William P. Ford, Donald J. Zoeller and Thomas R. Esposito for appellant.
Phillip F. Solomon for respondent.
Helen L. Buttenwieser, John H. Olding and Shad Polier for Community Council of Greater New York, amicus curiae.
Leonard C. Koldin and Philip C. Pinsky for Onondaga County Department of Social Services, amicus curiae.

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding

p. 534
within the meaning of the Constitution. It is contrary to public policy to stipulate for judgment absolute, in this case involving the custody of a child, where the resulting disposition on the law could be contrary to what may be factually determined to be in the best interests of the child (see Cohen and Karger, Powers of the New York Court of Appeals, pp. 286-287).