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MATTER OF ALEXANDRIA MARY

227 A.D.2d 44 (1996)

651 N.Y.S.2d 766

In the Matter of Alexandria Mary, an Infant. Duane S. et al., Respondents; Catholic Charities of Roman Catholic Diocese of Syracuse, New York, Inc., Appellant

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

December 13, 1996

Attorney(s) appearing for the Case

John A. Cirando, Syracuse, for appellant.

Tisdell, Moore, Walter & Bisby, Syracuse (Francis Walter of counsel), for respondents.

Lois A. Kriesberg, Law Guardian, Syracuse.

FALLON, WESLEY and DAVIS, JJ., concur.

LAWTON, J. P.

Respondent appeals from an order of Family Court that denied its motion to dismiss the petition for adoption. Family Court neither conducted a hearing nor made a factual determination. Nevertheless, there is sufficient agreement to the underlying facts to permit this Court to determine the following question of law: whether Family Court properly entertained the petition for adoption. For the reasons...

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