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MATTER OF MICHAEL JJ.

200 A.D.2d 80 (1994)

In the Matter of Michael JJ., Appellant

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

June 2, 1994

Attorney(s) appearing for the Case

Friedman & Manning, P. C., Delmar (Stephen L. Molinsek of counsel), for appellant.

MERCURE and PETERS, JJ., concur with WHITE, J.; CARDONA, P. J., and WEISS, J., concur in part and dissent in part in a separate opinion by CARDONA, P. J.

WHITE, J.

Petitioner, a 44-year-old male, desires to adopt the child of his former tenants, although the child had not yet been born at the time the petition was filed. The issue on this appeal is whether Family Court's denial of petitioner's application pursuant to Domestic Relations Law § 115-d for certification as a qualified adoptive parent was warranted.

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