MATTER OF KATHLEEN H.


39 A.D.3d 754 (2007)

833 N.Y.S.2d 248

In the Matter of M. KATHLEEN H. et al., Respondents; GARY S., Appellant. (Proceeding No. 1.) In the Matter of J. KATHLEEN H., et al., Respondents; GARY S., Appellant. (Proceeding No. 2.)

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

Decided April 17, 2007.


Ordered that the order is reversed, on the law, without costs or disbursements, the petitioners' motions for summary judgment on the petitions and determining that the father's consent to the adoption of the subject children was not required are denied, and the matters are remitted to the Family Court, Dutchess County, for a hearing and determination on the petitions in accordance herewith.

At issue here is whether the Family Court properly determined, without a hearing...

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