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  5. 66 N.Y.2d 223 (1985)
 

MATTER OF SARAH K

66 N.Y.2d 223 (1985)

In the Matter of Sarah K. Timmy S et al., Appellants; Warren K et al., Respondents, and Robert Abrams, as Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided November 14, 1985.

Attorney(s) appearing for the Case

Frederick J. Magovern, Diane C. Pfirrman and Peter B. Skelos for appellants.

Robert Abrams, Attorney-General (Robert J. Schack, Robert Hermann and Florence E. Abrams of counsel), intervenor-appellant pro se.

Katherine G. Thompson, John E. Halpin and Elizabeth M. Barnett for respondents.

Joyce R. Parker for The CAP Book, amicus curiae.

Frank A. Gulotta for Adoptive Parents Committee, Inc., amicus curiae.

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

KAYE, J.

This tragic case pits two couples — each found to be fit as parents — against each other for custody of Sarah K, now two years old. Sarah, who has Down's Syndrome, was shortly after her birth released for adoption by respondents, her biological parents; her only home has been with appellants, her adoptive parents. When Sarah was 15 weeks old,...

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