Roe v. New York Foundling Hospital

New York Court of Appeals May 14, 1970

Roe v. New York Foundling Hospital, 27 N.Y.2d 533 (N.Y. 1970)

261 N.E.2d 111; 312 N.Y.S.2d 1002; 1970 N.Y. LEXIS 1311

Opinion of the Court

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding *534within 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).

Reference

Full Case Name: In the Matter of Mary Roe v. New York Foundling Hospital
Status: Published