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MATTER OF ZOE D.K.

26 A.D.3d 22 (2005)

804 N.Y.S.2d 197

In the Matter of the Adoption of ZOE D.K., Also Known as ZOE D.P., an Infant. STEPHEN K., Appellant; KIMBERLY R.P., Respondent. (Appeal No. 2.)

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

November 10, 2005.

Attorney(s) appearing for the Case

Hogan & Willig, PLLC, Amherst (Diane R. Tiveron of counsel), for appellant.

Anne E. Adams, Law Guardian, Buffalo, for Zoe D.K., also Known as Zoe D.P.

Arcangelo J. Petricca, Lackawanna, for respondent.

HURLBUTT, J.P., GORSKI, SMITH and LAWTON, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

Respondent sought to adopt her biological daughter in order to "change the child's name and remove the biological father's name from [the] birth certificate and live without fear." The issue of first impression before us is whether the unmarried biological mother of a child born out of wedlock is entitled to adopt her child. We conclude that she is not, and thus we conclude...

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