MATTER OF ROBERT PAUL P.


63 N.Y.2d 233 (1984)

In the Matter of the Adoption of Robert Paul P., Appellant. Jack M., Appellant; Frederick A. O. Schwarz, Corporation Counsel, Respondent.

Court of Appeals of the State of New York.

Decided October 16, 1984.


Attorney(s) appearing for the Case

Michael J. Lavery for appellants.

No appearance for respondent.

Abby R. Rubenfeld, Craig J. Davidson and M. Ricardo Dubriel for Lambda Legal Defense & Education Fund, Inc., amicus curiae.

Judges JONES, SIMONS and KAYE concur with Judge JASEN; Judge MEYER dissents and votes to reverse in a separate opinion in which Chief Judge COOKE concurs; Judge WACHTLER taking no part.


JASEN, J.

We are asked to decide whether it was error for Family Court to deny the petition of a 57-year-old male to adopt a 50-year-old male with whom he shares a homosexual relationship.

Appellants are two adult males who have resided together continuously for more than 25 years. The older of the two, who was 57 years of age when this proceeding was commenced, submitted a petition to adopt the younger...

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