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MATTER OF ADOPTION OF JOSEPH LL

97 A.D.2d 263 (1983)

In the Matter of the Adoption of Joseph LL., Jr. Dale KK., Respondent; Joseph LL., Sr., Appellant. (Proceeding No. 1.) In the Matter of Joseph LL., Sr., Appellant, v. Cynthia KK., Respondent. (Proceeding No. 2.)

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

December 8, 1983

Attorney(s) appearing for the Case

David Leven (Tom Terrizzi of counsel), for appellant.

Broome Legal Assistance Corp. (Thomas Christina of counsel), for respondents.

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), in his statutory capacity under section 71 of the Executive Law.

MAHONEY, P. J., SWEENEY, WEISS and LEVINE, JJ., concur.

CASEY, J.

We find no constitutional infirmity in the provisions of section 111 (subd 2, par [d]) of the Domestic Relations Law and subdivision 1 of section 79 of the Civil Rights Law,* which combine to eliminate the need for the consent of a natural parent to the adoption of his or her child where the natural parent has received a sentence of imprisonment in a State correctional facility...

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