New York Court of Appeals

In the Matter of the Application of Charles Knowack and Johanna Knowack, Respondents, for the Restoration of Their…

April 18, 1899158 N.Y. 482

Summary

The New York Court of Appeals affirmed the Appellate Division's order restoring four children, who had been committed as destitute under section 291 of the Penal Code, to the custody of their reformed parents. The court held that such commitments are not criminal proceedings and that the Supreme Court possesses equitable jurisdiction to order restoration when it serves the child's best interests and the parents are fit and able.