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MTR OF ADULT ANONYMOUS II

88 A.D.2d 30 (1982)

In the Matter of Adult Anonymous II

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

July 8, 1982

Attorney(s) appearing for the Case

William J. Thom of counsel (Lambda Legal Defense and Education Fund, Inc., attorneys), for appellants.

Trudi Mara Schleifer of counsel (Leonard Koerner with her on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for respondent.

CARRO, SILVERMAN and BLOOM, JJ., concur with ASCH, J.; SULLIVAN, J. P., dissents in an opinion.

ASCH, J.

This is an appeal from an order of the Family Court which dismissed a petition for the adoption of a 43-year-old male (Mr. H) by a 32-year-old male (Mr. S). While the adoption statute (Domestic Relations Law, art 7) does not expressly prohibit such adoptions, the Family Court denied the petition for adoption on public policy grounds (111 Misc.2d 320).

Adoption exists in New York solely by virtue...

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