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MATTER OF COREY L v. MARTIN L

45 N.Y.2d 383 (1978)

In the Matter of Corey L by Gordon K et al., Respondents, v. Martin L, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Janet W. Hill for appellant.

Clifton M. Tamsett, Jr., for respondents.

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

COOKE, J.

Despite recent changes in statutory law, there remains a heavy burden of constitutional magnitude on one who would terminate the rights of a natural parent through adoption. We hold that on this record that burden has not been satisfied.

This is an adoption proceeding in which petitioners, the natural mother and her second husband, assert that the...

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