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  5. 36 N.Y.2d 568 (1975)
 

MATTER OF MALPICA-ORSINI

36 N.Y.2d 568 (1975)

In the Matter of the Adoption of Heather A. Malpica-Orsini. Hector Orsini, Appellant; Charles A. Blasi, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1975.

Attorney(s) appearing for the Case

Marvin Srulowitz for appellant.

No appearance for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Warren M. Goidel of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER concur with Judge COOKE; Judge JONES dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs; Judge FUCHSBERG dissents in another opinion.

COOKE, J.

Relying solely on the claimed unconstitutionality of subdivision 3 of section 111 of the Domestic Relations Law, pertaining to the consent required for adoption of a child born out of wedlock, appellant appeals directly from a Family Court order of adoption.

Heather Alison Malpica-Orsini was born out of wedlock to Corrine Caberti on November 16, 1970. Appellant Hector Orsini lived with the child...

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