In re Samantha L. J.

Appellate Division of the Supreme Court of New York

In re Samantha L. J.

155 A.D.2d 980, 547 N.Y.S.2d 785, 1989 N.Y. App. Div. LEXIS 14868

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

DecidedNovember 15, 1989

StatusPublished

Cited by3 cases

This text of 155 A.D.2d 980 (In re Samantha L. J.) 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 Samantha L. J., 155 A.D.2d 980, 547 N.Y.S.2d 785, 1989 N.Y. App. Div. LEXIS 14868 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Order unanimously reversed on the law without costs and matter remitted to Cattaraugus County Family Court for further proceedings, in accordance with the following memorandum: Family Court dismissed a petition for judicial approval of a surrender by the mother of an out-of-wedlock child under Social Services Law § 384 (4) on the ground that there was no consent by the father and that he was a necessary party. The father was entitled to notice of the petition for judicial approval of the mother’s surrender under Social Services Law § 384-c (2) (f) so that the issue whether his consent to adoption is necessary could be determined. There is nothing in the record which shows that the father has met the guidelines set forth in the statute (Domestic Relations Law § 111 [d]) which would support a finding that his consent is required. Because the father is a necessary party only if his consent would be required for adoption under Domestic Relations Law § 111 (Social Services Law § 384 [1] [c]), we remit for a hearing to determine that issue. (Appeal from order of Cattaraugus County Family Court, Horey, J. — permanent surrender.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order unanimously reversed on the law without costs and matter remitted to Cattaraugus County Family Court for further proceedings, in accordance with the following memorandum: Family Court dismissed a petition for judicial approval of a surrender by the mother of an out-of-wedlock child under Social Services Law § 384 (4) on the ground that there was no consent by the father and that he was a necessary party. The father was entitled to notice of the petition for judicial approval of the mother’s surrender under Social Services Law § 384-c (2) (f) so that the issue whether his consent to adoption is necessary could be determined. There is nothing in the record which shows that the father has met the guidelines set forth in the statute (Domestic Relations Law § 111 [d]) which would support a finding that his consent is required. Because the father is a necessary party only if his consent would be required for adoption under Domestic Relations Law § 111 (Social Services Law § 384 [1] [c]), we remit for a hearing to determine that issue. (Appeal from order of Cattaraugus County Family Court, Horey, J. — permanent surrender.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

155 A.D.2d 980, 547 N.Y.S.2d 785, 1989 N.Y. App. Div. LEXIS 14868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-samantha-l-j-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack