MATTER OF BABY BOY C.


27 A.D.3d 34 (2005)

805 N.Y.S.2d 313

In the Matter of BABY BOY C. JEFFREY A., et al., Respondents; TOHONO O'ODHAM NATION, Intervenor-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 6, 2005.


Attorney(s) appearing for the Case

Rosin & Reiniger, New York City (Benjamin J. Rosin and Samuel F. Daughety of counsel), for appellant.

Magovern & Sclafani, New York City (Frederick J. Magovern of counsel), for respondents.

Law Office of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), Law Guardian.

Bertram E. Hirsch, Great Neck; Jack F. Trope, Rockville, Maryland; and Mark C. Tilden, Boulder, Colorado, for St. Regis Mohawk Tribe and others, amici curiae.

SAXE, J.P., NARDELLI, WILLIAMS and CATTERSON, JJ., concur.


OPINION OF THE COURT

GONZALEZ, J.

This is an adoption proceeding in which the Tohono O'odham Nation, a federally recognized Indian tribe, seeks to intervene pursuant to the Indian Child Welfare Act of 1978 (ICWA; 25 USC § 1901 et seq.) upon the ground that this is a "child custody proceeding" involving an "Indian child," as those terms are defined in ICWA. Family Court denied intervention under...

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