Susan W. v. Talbot G.

Appellate Division of the Supreme Court of New York

Susan W. v. Talbot G.

42 A.D.2d 781, 346 N.Y.S.2d 341, 1973 N.Y. App. Div. LEXIS 3702

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

DecidedJuly 30, 1973

StatusPublished

This text of 42 A.D.2d 781 (Susan W. v. Talbot G.) 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

Susan W. v. Talbot G., 42 A.D.2d 781, 346 N.Y.S.2d 341, 1973 N.Y. App. Div. LEXIS 3702 (N.Y. Ct. App. 1973).

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Opinion

In an adoption proceeding, the appeal is from an order of the Family Court, Westchester County, dated November 30, 1972 and made after a nonjury trial, which adjudged that the petitions are sustained without the consent of appellant, the natural father, since he had abandoned the children. Order reversed, on the law, without costs, and applications denied. In our opinion, petitioners have not met their heavy burden of establishing an abandonment within the purview of section 111 of the Domestic Relations Law (Matter of Bistany, 239 N. Y. 18; Matter of Porras, 13 A D 2d 239; Matter of Stuart, 35 A D 2d 785; Matter of Gocozza V. Antidormi, 35 A D 2d 810). Munder, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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In an adoption proceeding, the appeal is from an order of the Family Court, Westchester County, dated November 30, 1972 and made after a nonjury trial, which adjudged that the petitions are sustained without the consent of appellant, the natural father, since he had abandoned the children. Order reversed, on the law, without costs, and applications denied. In our opinion, petitioners have not met their heavy burden of establishing an abandonment within the purview of section 111 of the Domestic Relations Law (Matter of Bistany, 239 N. Y. 18; Matter of Porras, 13 A D 2d 239; Matter of Stuart, 35 A D 2d 785; Matter of Gocozza V. Antidormi, 35 A D 2d 810). Munder, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 781, 346 N.Y.S.2d 341, 1973 N.Y. App. Div. LEXIS 3702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/susan-w-v-talbot-g-nyappdiv-1973.

Opinion

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