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MATTER OF S.

166 A.D.2d 599 (1990)

In the Matter of Kiran Chandini S., an Infant. Joseph D. et al., Appellants; Rajnish S., Respondent

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

October 15, 1990

Ordered that the decree is modified, on the law, by deleting the second decretal paragraph thereof which held that the proposed adoption is not in the child's best interests; as so modified, the decree is affirmed insofar as appealed from, with costs to the respondent.

The adoptive parents contended that the natural father's consent was not required pursuant to Domestic Relations Law § 111 (1) (e). After a nonjury trial, the Surrogate determined

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