Matter of Dwayne A. (Annette D.)

Appellate Division of the Supreme Court of New York

Matter of Dwayne A. (Annette D.)

2017 NY Slip Op 3505, 150 A.D.3d 728, 51 N.Y.S.3d 426

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

DecidedMay 3, 2017

Docket2016-01709

StatusPublished

This text of 2017 NY Slip Op 3505 (Matter of Dwayne A. (Annette D.)) 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

Matter of Dwayne A. (Annette D.), 2017 NY Slip Op 3505, 150 A.D.3d 728, 51 N.Y.S.3d 426 (N.Y. Ct. App. 2017).

Pincite

Opinion

In an adoption proceeding, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Sail, S.), dated November 30, 2015, which denied her motion to amend an order of adoption nunc pro tunc.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant’s contentions, the Surrogate’s Court properly denied her motion to amend an order of adoption nunc pro tunc (see generally CPLR 2001, 5015, 5019). As the court determined, the record does not support the appellant’s contention that her former husband was mistakenly excluded from the order of adoption. Rather, the record supports the conclusion that her former husband’s name was crossed off the application for adoption during the course of divorce proceedings, wherein both the appellant and her former husband expressed the intention that the appellant alone would adopt the child as a single parent.

Mastro, J.P., Sgroi, Maltese and Duffy, JJ., concur.

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In an adoption proceeding, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Sail, S.), dated November 30, 2015, which denied her motion to amend an order of adoption nunc pro tunc.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant’s contentions, the Surrogate’s Court properly denied her motion to amend an order of adoption nunc pro tunc (see generally CPLR 2001, 5015, 5019). As the court determined, the record does not support the appellant’s contention that her former husband was mistakenly excluded from the order of adoption. Rather, the record supports the conclusion that her former husband’s name was crossed off the application for adoption during the course of divorce proceedings, wherein both the appellant and her former husband expressed the intention that the appellant alone would adopt the child as a single parent.

Mastro, J.P., Sgroi, Maltese and Duffy, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 3505, 150 A.D.3d 728, 51 N.Y.S.3d 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dwayne-a-annette-d-nyappdiv-2017.