MATTER OF ADOPTION OF A CHILD WHOSE FIRST NAME IS DAMIEN


281 A.D.2d 896 (2001)

722 N.Y.S.2d 440

In the Matter of ADOPTION OF A CHILD WHOSE FIRST NAME IS DAMIEN. ANGELO J. D. et al., Respondents; ROY E. P., Appellant.

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

Decided March 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

Surrogate's Court properly granted petitioners' motion for summary judgment dismissing the answer and dispensed with the consent of respondent to the adoption of his son pursuant to Domestic Relations Law § 111 (2) (a). We reject respondent's contention that summary judgment is not available in this proceeding (see, SCPA 102; see also, Matter of Pascal, 309 N.Y. 108

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