Argued May 11, 1970
Decided May 14, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
William P. Ford, Donald J. Zoeller and Thomas R. Esposito for appellant.
Phillip F. Solomon for respondent.
Helen L. Buttenwieser, John H. Olding and Shad Polier for Community Council of Greater New York, amicus curiae. Leonard C. Koldin and Philip C. Pinsky for Onondaga County Department of Social Services, amicus curiae.
Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within 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).