People Ex Rel. Cusano v. Leone

OPINION OF THE COURT

Memorandum. Petitioner mother appeals from orders of the Appellate Division which, inter alia, reversed a judgment of the Supreme Court sustaining a writ of habeas corpus and granting custody of two small children to their maternal grandmother. The effect of the Appellate Division orders was to retain custodial rights in the paternal grandfather with whom the children had been living for several months following the death of their father.

Emerging from the trial held by Special Term are various significant facts. Petitioner has had a history of psychological and emotional…