In re the the Adoption of Duane R.

Appellate Division of the Supreme Court of New York

In re the the Adoption of Duane R.

134 A.D.2d 842

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1987·No. Appeal No. 2·Published

Opinion

— Order unanimously affirmed without costs. Memorandum: In view of the adverse determination of his petition for guardianship of the person of Duane R. (see, Matter of Duane R. [appeal No. 1] 134 AD2d 842), respondent Richard J. has. no standing to contest the adoption of Duane R. by petitioner Alice R., since respondent is not a person "having lawful custody of the adoptive child” (Domestic Relations Law § 111 [1] [f]). (Appeal from order of Erie County Surrogate’s Court, Mattina, S. — adoption.) Present— Callahan, J. P., Denman, Green, Pine and Davis, JJ.

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— Order unanimously affirmed without costs. Memorandum: In view of the adverse determination of his petition for guardianship of the person of Duane R. (see, Matter of Duane R. [appeal No. 1] 134 AD2d 842), respondent Richard J. has. no standing to contest the adoption of Duane R. by petitioner Alice R., since respondent is not a person "having lawful custody of the adoptive child” (Domestic Relations Law § 111 [1] [f]). (Appeal from order of Erie County Surrogate’s Court, Mattina, S. — adoption.) Present— Callahan, J. P., Denman, Green, Pine and Davis, JJ.

In re the the Adoption of Duane R., 134 A.D.2d 842 (N.Y. Ct. App. 1987).

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