In re Catala

Appellate Division of the Supreme Court of New York

In re Catala

57 A.D.2d 823, 395 N.Y.S.2d 453, 1977 N.Y. App. Div. LEXIS 12019

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 31, 1977

StatusPublished

Cited by2 cases

This text of 57 A.D.2d 823 (In re Catala) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Catala, 57 A.D.2d 823, 395 N.Y.S.2d 453, 1977 N.Y. App. Div. LEXIS 12019 (N.Y. Ct. App. 1977).

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Opinion

Order, Family Court, New York County, entered on or about May 5, 1976, after dispositional hearing, adjudging the subject child of respondent-appellant mother to be permanently neglected, terminating her rights, awarding custody to the Commissioner of Social Services and petitioner-respondent New York Foundling Hospital, with power to the latter to consent to the child’s adoption without notice to the mother, unanimously affirmed, without costs and without disbursements. The disposition made (Family Ct Act, §§ 631, 634) is amply justified by the evidence. Nor did the court abuse discretion in declining to hear evidence in favor of so-called open adoption in which the biological parent, though deprived of legal rights, would still maintain contact with the child. Such a relationship could not but confuse the child and result in harm rather than good. The [824]*824child’s interests are, of course, paramount. Concur — Lupiano, J. P., Birns, Silverman, Lane and Markewich, JJ.

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Order, Family Court, New York County, entered on or about May 5, 1976, after dispositional hearing, adjudging the subject child of respondent-appellant mother to be permanently neglected, terminating her rights, awarding custody to the Commissioner of Social Services and petitioner-respondent New York Foundling Hospital, with power to the latter to consent to the child’s adoption without notice to the mother, unanimously affirmed, without costs and without disbursements. The disposition made (Family Ct Act, §§ 631, 634) is amply justified by the evidence. Nor did the court abuse discretion in declining to hear evidence in favor of so-called open adoption in which the biological parent, though deprived of legal rights, would still maintain contact with the child. Such a relationship could not but confuse the child and result in harm rather than good. The [824]*824child’s interests are, of course, paramount. Concur — Lupiano, J. P., Birns, Silverman, Lane and Markewich, JJ.

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Bluebook (online)

57 A.D.2d 823, 395 N.Y.S.2d 453, 1977 N.Y. App. Div. LEXIS 12019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-catala-nyappdiv-1977.

Opinion

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