In re Sabrina H.

Appellate Division of the Supreme Court of New York

In re Sabrina H.

245 A.D.2d 1134, 666 N.Y.S.2d 531, 1997 N.Y. App. Div. LEXIS 13973

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

DecidedDecember 31, 1997

StatusPublished

Cited by7 cases

This text of 245 A.D.2d 1134 (In re Sabrina H.) 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.

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In re Sabrina H., 245 A.D.2d 1134, 666 N.Y.S.2d 531, 1997 N.Y. App. Div. LEXIS 13973 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the petition of the biological mother, who sought to revoke the [1135]*1135judicial surrender of her children because the conditions of the surrender were violated. While petitioner may petition the court for enforcement of the surrender’s terms (see, Matter of Patricia YY. v Albany County Dept. of Social Servs., 238 AD2d 672; Matter of Gerald T., 211 AD2d 17, 20-21), she is not entitled to revocation of the surrender “in the absence of [a showing of] fraud, duress or coercion” (Matter of Amanda B., 206 AD2d 636, 636-637; see, Matter of Baby Boy Joseph, 214 AD2d 1049; Social Services Law § 383-c). (Appeal from Order of Niagara County Family Court, Halpin, J.—Adoption.) Present—Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the petition of the biological mother, who sought to revoke the [1135]*1135judicial surrender of her children because the conditions of the surrender were violated. While petitioner may petition the court for enforcement of the surrender’s terms (see, Matter of Patricia YY. v Albany County Dept. of Social Servs., 238 AD2d 672; Matter of Gerald T., 211 AD2d 17, 20-21), she is not entitled to revocation of the surrender “in the absence of [a showing of] fraud, duress or coercion” (Matter of Amanda B., 206 AD2d 636, 636-637; see, Matter of Baby Boy Joseph, 214 AD2d 1049; Social Services Law § 383-c). (Appeal from Order of Niagara County Family Court, Halpin, J.—Adoption.) Present—Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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245 A.D.2d 1134, 666 N.Y.S.2d 531, 1997 N.Y. App. Div. LEXIS 13973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sabrina-h-nyappdiv-1997.

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