MTR OF DANIEL C


99 A.D.2d 35 (1984)

In the Matter of Daniel C., an Infant. James N. S. et al., Respondents; C., Appellant; Robert Abrams, as Attorney-General of The State of New York, Intervenor-Respondent

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

January 30, 1984


Attorney(s) appearing for the Case

Silk & Bunks, P. C. (Robert H. Silk of counsel), for appellant.

D'Andrea & Goldstein (Robert Goldstein of counsel), for respondents.

Robert Abrams, Attorney-General (George D. Zuckerman and Florence E. Abrams of counsel), intervenor-respondent pro se.

THOMPSON and WEINSTEIN, JJ., concur with LAZER, J. P.; GIBBONS, J., dissents and votes to reverse the order appealed from and dismiss the petition by the adoptive parents for adoption, with an opinion.


LAZER, J. P.

Following strong manifestations of public discontent with the judicial result in the notorious Baby Lenore case where a mother who revoked her consent to adoption was successful in obtaining an order for the child's return (see People ex rel. Scarpetta v Spence-Chapin Adoption Serv., 28 N.Y.2d 185), the Legislature enacted section 115-b of the Domestic...

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