Opinion
March 12, 1952.
Appeal from Supreme Court, Greene County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The matter involves a controversy which arose upon the application of the applicant, father of the above-named infant, to be appointed general guardian of her person and property. The infant is now approaching seventeen years of age. She opposes her father's application and counter-petitions for the appointment of her mother who has consented thereto. Her parents were married in 1928 and divorced in West Virginia in 1946, following a separation agreement. Many affidavits of friends and acquaintances of the parties were submitted in support of the respective applications and the court at Special Term, after giving the matter earnest and protracted consideration and being unwilling to determine it "upon the basis of such affidavits alone", sent it to a Trial Term. Appellant here seeks a final determination upon the record. Order unanimously affirmed, with $10 costs.