Fitzsimmons v. Liuni

Appeal from a judgment of the Family Court of Ulster County which sustained a writ of habeas corpus directed to respondents-appellants Liuni and awarded custody of Elizabeth St. John, an infant, to petitioner-respondent Commissioner of Public Welfare in a proceeding commenced in the Supreme Court, Ulster County, and by order of said court referred to said Family Court for hearing and determination. It is conceded that the Judge of the Family Court, by whom the proceeding was heard and determined, is a first cousin of the wife of the respondent Commissioner. Consequently, he was disqualified…