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MATTER OF ADOPTION OF JESSICA XX

77 A.D.2d 381 (1980)

In the Matter of the Adoption of Jessica XX. Jonathan YY., Appellant; Lorraine WW. et al., Respondents; Robert Abrams, as Attorney-General, Intervenor-Respondent-Appellant

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

December 11, 1980

Attorney(s) appearing for the Case

David J. Freeman for appellant.

Streifer, Barnovitz & Samoff, P. C. (Jay L. Samoff of counsel), for respondents.

Robert Abrams, Attorney-General (Robert J. Schack and Shirley Adelson Siegel of counsel), as intervenor-respondent-appellant.

SWEENEY, KANE and MAIN, JJ., concur with GREENBLOTT, J. P.; MIKOLL, J., dissents and votes to vacate the order in a separate opinion.

GREENBLOTT, J. P.

Petitioner seeks to have the adoption order vacated on the ground that he is the natural father of the child and, as such, should have received notice of the adoption proceeding and been afforded an opportunity to be heard. He claims that section 111-a of the Domestic Relations Law is unconstitutional on the ground that it denied him due process and equal protection of the law, since the statute...

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