MTR. OF ADOPTION BY ANONYMOUS


55 A.D.2d 383 (1977)

In the Matter of the Adoption by Anonymous of Anonymous

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

January 17, 1977


Attorney(s) appearing for the Case

Bartholomew J. O'Rourke for the natural parents, appellants.

Louis George Rudd for the adoptive parents, respondents.

HOPKINS, Acting P. J., and DAMIANI, J., concur with MARTUSCELLO, J; SUOZZI, J., dissents and votes to reverse the order and remand the matter to the Family Court for a hearing as to the best interests of the child, with an opinion.


MARTUSCELLO, J.

The appellants, the parents of the child whose future home is at stake here, seek to revoke their nonjudicial consent to a private placement adoption.

The infant was born on September 2, 1975. At her own request, the mother, who has two other children, aged 10 and 13, was not put in the maternity ward of the hospital and was never informed of the child's sex. On September 5, 1975, without ever having been seen by his parents, the...

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