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MTR. OF SPATH v. WILLIS

71 A.D.2d 489 (1980)

In the Matter of Frank M. Spath, Respondent, v. Peter Willis et al., Appellants

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

January 3, 1980

Attorney(s) appearing for the Case

Thomas B. Oakes (Sinon O'Neil of counsel), for Broome County Department of Social Services, appellant.

Lombardi, Reinhard & Walsh (Richard P. Walsh, Jr., of counsel), for respondent.

GREENBLOTT, MAIN and MIKOLL, JJ., concur with MAHONEY, P. J.; KANE, J., dissents and votes to affirm in an opinion.

MAHONEY, P. J.

On October 6, 1976, a patient at the Binghamton Psychiatric Center gave birth to a female child, Catrina. The mother voluntarily surrendered the child for adoption to the Broome County Department of Social Services (department). On July 25, 1977, the child was placed with Peter Willis and his wife as adoptive parents. Almost immediately following such placement, the adoptive parents experienced...

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