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MATTER OF S.D.

XX.

29 Misc.3d 633 (2010)

906 N.Y.S.2d 896

In the Matter of S.D., an Infant.

Family Court, Queens County.

Decided August 23, 2010.

Attorney(s) appearing for the Case

Ira Lawrence Eras, for MercyFirst, petitioning agency.

Lois A. Milne , for W.D. Legal Aid Society ( Tamara A. Steckler and Deborah M. Williams of counsel), for the child.

OPINION OF THE COURT

BARBARA SALINITRO, J.

This case presents the novel question of whether a court may revoke a previously executed judicial surrender for failure of a condition precedent to an adoption contained therein and thereafter restore a biological parent's parental rights.

W.D. (hereinafter biological father), after having executed a conditional judicial surrender, dated November 24, 2003, with...

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