In the Matter of Sarah K. Timmy S. et al., Appellants-Respondents; Warren K. et al., Respondents-Appellants, and 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.https://leagle.com/images/logo.png
August 19, 1985
August 19, 1985
Attorney(s) appearing for the Case
Frederick J. Magovern (Peter B. Skelos and Diane C. Pfirrman on the brief), for appellants-respondents.
Sherman Thompson & Halpin (John E. Halpin, Katherine G. Thompson and Elizabeth M. Barnett of counsel), for respondents-appellants.
Robert Abrams, Attorney-General (Maryellen Weinberg, Robert J. Schack and Florence E. Abrams of counsel), intervenor-respondent pro se.
LAWRENCE, J., concurs with MANGANO, J. P., both noting that their votes to reverse the order dated November 7, 1984, are on the law; O'CONNOR, J., concurs separately in an opinion in which BROWN, J., concurs, both noting that their votes to reverse the order dated November 7, 1984, are on the law and the facts; WEINSTEIN, J., concurs to dismiss the appeal and cross appeal from the order dated September 24, 1984, but dissents as to the order dated November 7, 1984, and votes to affirm the same, with an opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
MANGANO, J. P.
The primary question to be resolved on the instant appeals is whether the extrajudicial consent to an adoption, made by the natural parents of the child, was a valid and effective one. The question must be answered in the negative. In my view, Domestic Relations Law § 115-b, pursuant to which the form upon which the natural parents gave their extrajudicial consent was promulgated, is unconstitutional...
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