Hrouda v. Winne

OPINION OF THE COURT

Kane, J.

Jonathan Winne, the infant appellant, was born on June 16, 1969 during the marriage of Roy and Ellen Winne, who were then residents of the County of Westchester. The marriage was terminated pursuant to a decree of divorce obtained by Ellen Winne on December 3, 1970. Following her unexpected death on January 20, 1971, Roy Winne removed the Winne children, including Jonathan, to his parents’ farm in Delaware County where they presently reside.

In October of 1971 petitioner instituted a proceeding in Supreme Court, Westchester County, to obtain custody of Jonathan…