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MATTER OF LANDAVERDE

95 A.D.2d 29 (1983)

In the Matter of the Adoption of Male Infant Landaverde, a Minor Under the Age of 14 years Christina Landaverde, Respondent, v. James Howie et al., Appellants

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

July 14, 1983

Attorney(s) appearing for the Case

Jack G. Goldberg of counsel (Arlen S. Yalkut with him on the brief), for respondent.

Vivian O. Berger of counsel (Eric A. Seiff and Carolyn H. Henneman with her on the brief; Scopetta & Seiff and Vivian O. Berger, attorneys), for appellants.

MURPHY, P. J., and ROSS, J., concur with ASCH, J.; MILONAS and KASSAL, JJ., dissent in separate opinions.

ASCH, J.

After a full exposition of the facts, the dissent has decided that Christina Landaverde, the natural mother of the child herein, should lose her right to her son because of the "extraordinary circumstances" (see Matter of Bennett v Jeffreys, 40 N.Y.2d 543) present in this case.

The dissent cites the "extraordinary circumstances" as being her "poverty...

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