MATTER OF MICHAEL


272 A.D.2d 618 (2000)

707 N.Y.S.2d 683

In the Matter of MICHAEL. CATHOLIC HOME BUREAU FOR DEPENDENT CHILDREN et al., Appellants; MICHAEL S., Respondent.

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

Decided May 30, 2000.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings on the petition for adoption in accordance herewith, without the need for consent by the father.

The Family Court erred in determining that the consent of the biological father Michael S. to the adoption of the subject child was necessary. The record fails to support a finding that Michael S. took adequate...

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