BARRY E. v. INGRAHAM


43 N.Y.2d 87 (1977)

Barry E. (ANONYMOUS) et al., Respondents, v. Hollis Ingraham, Individually and as State Commissioner of Health, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1977.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (James Morgan, Samuel A. Hirshowitz and David L. Birch of counsel), for appellant.

Neal Forman and Martin Ginsberg for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Petitioners, having secured a Mexican order of adoption for a child now in their possession, bring this proceeding under CPLR article 78 to compel the State Commissioner of Health to issue their "adopted child" a new birth certificate. Special Term granted the relief, the Appellate Division unanimously affirmed, and the commissioner appeals by leave of this court.

The issue is whether...

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