In Re the Adoption of Zalkind T.

Appellate Division of the Supreme Court of New York

In Re the Adoption of Zalkind T.

140 A.D.3d 675, 33 N.Y.S.3d 734

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

DecidedJune 30, 2016

StatusPublished

This text of 140 A.D.3d 675 (In Re the Adoption of Zalkind T.) 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 the Adoption of Zalkind T., 140 A.D.3d 675, 33 N.Y.S.3d 734 (N.Y. Ct. App. 2016).

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Opinion

Order, Surrogate’s Court, Bronx County (Nelida Malave-Gonzalez, S.), entered on or about September 18, 2014, which denied petitioner’s petition for access to sealed adoption records, unanimously affirmed, without costs.

Although all of the parties to the adoption are deceased and notice of the petition was not sent to any known or unknown descendants, the Surrogate’s Court properly denied the petition, since petitioner failed to show “good cause” for unsealing the adoption records (Domestic Relations Law § 114 [2]; Matter of Linda F. M., 52 NY2d 236, 240 [1981], appeal dismissed 454 US 806 [1981]).

We have considered petitioner’s remaining contentions, including his argument that Domestic Relations Law § 114 (2) should not apply to his petition, and find them unavailing.

Concur — Mazzarelli, J.P., Renwick, Moskowitz, Gische and Gesmer, JJ.

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Order, Surrogate’s Court, Bronx County (Nelida Malave-Gonzalez, S.), entered on or about September 18, 2014, which denied petitioner’s petition for access to sealed adoption records, unanimously affirmed, without costs.

Although all of the parties to the adoption are deceased and notice of the petition was not sent to any known or unknown descendants, the Surrogate’s Court properly denied the petition, since petitioner failed to show “good cause” for unsealing the adoption records (Domestic Relations Law § 114 [2]; Matter of Linda F. M., 52 NY2d 236, 240 [1981], appeal dismissed 454 US 806 [1981]).

We have considered petitioner’s remaining contentions, including his argument that Domestic Relations Law § 114 (2) should not apply to his petition, and find them unavailing.

Concur — Mazzarelli, J.P., Renwick, Moskowitz, Gische and Gesmer, JJ.

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140 A.D.3d 675, 33 N.Y.S.3d 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-zalkind-t-nyappdiv-2016.

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