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MATTER OF KEVIN C.

1 A.D.3d 433 (2003)

766 N.Y.S.2d 903

In the Matter of KEVIN C. and Another. COMMISSIONER OF THE DEPARTMENT OF SOCIAL SERVICES, Respondent; JOHN G., Appellant. (Proceeding No. 1.) In the Matter of JOHN G., Appellant, v. DAN HICKEY, Respondent. (Proceeding No. 2.)

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

November 10, 2003.

Ordered that the order is affirmed, without costs or disbursements.

The appellant is the unwed father of two children who are in the custody of the Department of Social Services pursuant to a surrender instrument executed by the children's mother. The children have always resided with the foster parents who seek to adopt them. Contrary to the appellant's contention, he did not promptly assert his parental rights and manifest his willingness to assume custody of the...

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