MATTER OF BABY BOY C.


189 A.D.2d 382 (1993)

In the Matter of Baby Boy C. and Another, Infants

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

April 15, 1993


Attorney(s) appearing for the Case

Mara T. Thorpe of counsel, New York City (Morrison Cohen Singer & Weinstein, attorneys), for petitioner-appellant.

Lawrence W. Pollack of counsel, New York City (Phyllis B. Levitas with him on the brief; Migdal, Pollack, Rosenkrantz & Sherman, attorneys), for petitioner-respondent.

Kevin C. Fogarty, Guardian ad Litem, Jamaica, for infants.

SULLIVAN, J. P., ROSENBERGER, ROSS and RUBIN, JJ., concur.


WALLACH, J.

In many private-placement adoption cases the issue is commonly whether the birth parent has given proper consent, and whether, in the best interests of the child, that consent can legally be revoked (Domestic Relations Law § 115-b [6]). Here we are presented with the apparently novel question whether the prior consent of a prospective adoptive parent can be revoked, thus nullifying the...

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