In the Matter of Jacob, an Infant. Roseanne M. A. et al., Appellants.
In the Matter of Dana. G. M., Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 5, 1995.
Decided November 2, 1995.
Attorney(s) appearing for the Case
Johnson, Atkinson, Getnick & Livingston, Utica (Nicholas S. Priore of counsel), for appellants in the first above-entitled proceeding.
No appearance for respondent in the first above-entitled proceeding.
Lambda Legal Defense and Education Fund, Inc., New York City (Beatrice Dohrn of counsel), and Weil, Gotshal & Manges (Harris J. Yale and Victoria A. Kummer of counsel), for Lambda Legal Defense and Education Fund, amicus curiae pro se, in the first above-entitled proceeding.
Lambda Legal Defense and Education Fund, Inc., New York City (Beatrice Dohrn of counsel), for appellant in the second above-entitled proceeding.
No appearance for respondent in the second above-entitled proceeding.
Ruth E. Harlow, New York City, Marc E. Elovitz, Arthur Eisenberg and Donna Lieberman for American Civil Liberties Union and another, amici curiae in the second above-entitled proceeding.
Janet Gallagher, New York City, for Association of the Bar of the City of New York, amicus curiae in the second above-entitled proceeding.
Susan L. Hendricks, New York City, and Laura R. Johnson for Center Kids and others, amici curiae in the second above-entitled proceeding.
Judges SMITH, LEVINE and CIPARICK concur with Chief Judge KAYE; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judges SIMONS and TITONE concur.
Court of Appeals of the State of New York.
Chief Judge KAYE.
Under the New York adoption statute, a single person can adopt a child (Domestic Relations Law § 110). Equally clear is the right of a single homosexual to adopt (see, 18 NYCRR 421.16 [h] [2] [qualified adoption agencies "shall not * * * reject[] [adoption petitions] solely on the basis of homosexuality"]). These appeals call upon us to...
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