MATTER OF S.


158 A.D.2d 524 (1990)

In the Matter of Stephan Joseph S. (Proceeding No. 1.) In the Matter of John Joseph S. (Proceeding No. 2.) Kathleen T. et al., Respondents; Stephan S., Appellant

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

February 13, 1990


Ordered that the orders are affirmed, without costs or disbursements.

We agree with the Surrogate that the petitioners, the children's maternal uncle and his wife, proved by clear and convincing evidence that the father abandoned his two sons within the meaning of Domestic Relations Law § 111 (2) (a) so that his consent to their adoption is not required.

The children's father and mother had been separated from September 1981 until July 1982 when the mother...

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