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  5. 64 N.Y.2d 1090 (1985)
 

MATTER OF PETER

64 N.Y.2d 1090 (1985)

In the Matter of Andrew Peter H. T., an Infant. Timothy De V. et al., Appellants; Mark T., Respondent.

Court of Appeals of the State of New York.

Decided April 25, 1985.

Attorney(s) appearing for the Case

Joyce R. Parker for appellants.

Noel Tepper for respondent.

Robert Abrams, Attorney-General (Robert Hermann, Maryellen Weinberg, Robert J. Schack and Esther Furman of counsel), in his statutory capacity pursuant to Executive Law § 71.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court, Dutchess County, for further consideration in accordance with this memorandum.

Respondent, Mark T., is the natural father of the proposed adoptive child, Andrew, who was born out of wedlock on September 11, 1977. Mark never married the child's mother, Catherine H., but they lived together for...

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