In re Chanel Anjelique R.

Appellate Division of the Supreme Court of New York

In re Chanel Anjelique R.

191 A.D.2d 1002, 595 N.Y.S.2d 344

Appellate Division of the Supreme Court of the State of New York·Decided March 12, 1993·Published

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Oneida County Surrogate’s Court for further proceedings in accordance with the following Memorandum: The Surrogate erred by summarily dismissing petitioner’s application to set aside a private placement order of adoption without conducting an evidentiary hearing (see, Domestic Relations Law § 115-b [7]; cf., Matter of Rickey AA., 146 AD2d 433, affd 75 NY2d 885). Upon remittitur, we direct the court to appoint a guardian ad litem for the child (see, SCPA 403-a [1]). (Appeal from Order of Oneida County Surrogate’s Court, Ringrose, S. — Adoption.) Present — Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.

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—Order unanimously reversed on the law without costs and matter remitted to Oneida County Surrogate’s Court for further proceedings in accordance with the following Memorandum: The Surrogate erred by summarily dismissing petitioner’s application to set aside a private placement order of adoption without conducting an evidentiary hearing (see, Domestic Relations Law § 115-b [7]; cf., Matter of Rickey AA., 146 AD2d 433, affd 75 NY2d 885). Upon remittitur, we direct the court to appoint a guardian ad litem for the child (see, SCPA 403-a [1]). (Appeal from Order of Oneida County Surrogate’s Court, Ringrose, S. — Adoption.) Present — Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.

In re Chanel Anjelique R., 191 A.D.2d 1002, 595 N.Y.S.2d 344 (N.Y. Ct. App. 1993).

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Opinion

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