Wade C. v. Rachael D.

Appeal from an order of the Family Court of Chemung County, entered April 15, 1980, as amended by an order of the same court, entered May 5,1980, which, inter alia, dismissed respondent’s cross petition in a child custody proceeding. Petitioner commenced the instant proceeding to obtain the custody of his two infant children following the death of his wife. However, before the return date, he executed a surrender instrument pursuant to section 384 of the Social Services Law. Respondent, the children’s maternal grandmother, filed a cross petition seeking the same relief and now appeals from…