MATTER OF JOHNSON


77 A.D.2d 808 (1980)

In the Matter of the Adoption by David E. Johnson and Another of Theodore J. De Vito. (Appeal No. 1.)

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

July 10, 1980


Order unanimously reversed, without costs, and matter remitted to Jefferson County Family Court for further proceedings.

Memorandum:

Family Court erred in denying petitioners' applications to proceed with adoption proceedings without the consent of the natural father of the adoptive children. The record reflects that respondent father failed to visit or communicate with his children for a period in excess of six months (Domestic Relations Law, § 111,...

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