General
In the Matter of the Application of Penelope G. Miller, Petitioner, Respondent, for the Care, Custody and Control of Laurie-May Buhrer, an Infant. L. Downer Buhrer, Appellant
254 A.D. 731·New York Supreme Court, Appellate Division·1938·NY
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Opinion
In the Matter of the Application of Penelope G. Miller, Petitioner, Respondent, for the Care, Custody and Control of Laurie-May Buhrer, an Infant. L. Downer Buhrer, Appellant.
[MAJORITY]
Order reversed, the custody of the infant awarded to her father and the petition dismissed, on the ground that the record presents no facts justifying depriving the father of the custody of his child. Present • — ■ O’Malley, Townley, Untermyer, Dore and Callahan, JJ.; Untermyer and Dore, JJ., dissent and vote for affirmance.