MATTER OF ROE v. NEW YORK FOUNDLING HOSPITAL

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).