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  5. 84 N.Y.2d 91 (1994)
 

MATTER OF BABY BOY C.

84 N.Y.2d 91 (1994)

638 N.E.2d 963

615 N.Y.S.2d 318

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

Court of Appeals of the State of New York.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Nathan Z. Dershowitz, Victoria B. Eiger, Amy Adelson, Michael R. Schneider, of the Massachusetts Bar, admitted pro hac vice, and Migdal, Pollack, Rosenkrantz & Sherman, New York City (Lawrence W. Pollack of counsel), for appellant.

Morrison Cohen Singer & Weinstein, New York City (Mara T. Thorpe of counsel), for respondent.

Kevin C. Fogarty, guardian ad litem, Jamaica, for Baby Boy C. and another, infants.

Chief Judge KAYE and Judges SIMONS and CIPARICK concur with Judge LEVINE; Judge TITONE concurs in result in a separate opinion; Judge BELLACOSA dissents and votes to affirm in another opinion; Judge SMITH taking no part.

LEVINE, J.

On this appeal, we review an order of the Appellate Division granting joint adoption of two children by a married couple despite the refusal of one of the spouses to appear for examination before the Surrogate's Court in accordance with statutory requirements and his attempt to withdraw from the proceeding and revoke his agreement and consent to the adoption.

Appellant and respondent are husband...

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