MTR. OF GOLDMAN


51 A.D.2d 282 (1976)

In the Matter of the Adoption of Drew B. Goldman. Catherine A. Goldman, Respondent; Mary J. Goldman, Appellant

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

March 9, 1976


Attorney(s) appearing for the Case

Herbert Schrank of counsel (Ralph R. Hochberg with him on the brief; Goldstein & Schrank, attorneys), for appellant.

David A. Field of counsel (DiFalco, Field, Lomenzo & O'Rourke, attorneys), for respondent.

STEVENS, P.J., LUPIANO and LANE, JJ., concur with BIRNS, J.; KUPFERMAN, J., dissents and votes to affirm on opinion of MIDONICK, S.


BIRNS, J.

Upon review of the record below, we do not agree that the facts adduced at the hearing before the Surrogate supported the conclusion that appellant abandoned her 14-year-old son, Drew Baron, thus obviating the necessity to obtain her consent to his adoption by the second wife of appellant's former husband (Domestic Relations Law, § 111).

Thirteen years after marriage, appellant and her...

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