New York Court of Appeals
In the Matter of the Application of Joseph K. Bistany, Appellants, for the Adoption of Ellen Matejka; Joseph…
October 7, 1924239 N.Y. 19
Summary
The New York Court of Appeals affirmed the Appellate Division's reversal, holding that the undisputed facts did not establish abandonment of Ellen Matejka and therefore the petitioners could not adopt her without the parents' consent. Justice McLaughlin dissented, arguing that abandonment was established and the adoption should be allowed.