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MATTER OF YARY

7903.

100 A.D.3d 200 (2012)

952 N.Y.S.2d 514

2012 NY Slip Op 6858

In the Matter of YARY, an Infant. CAROL W., Respondent, et al., Respondents. In the Matter of YARY, an Infant. LEAKE & WATTS SERVICES, INC., Appellant; CARMEN A., Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

October 11, 2012.

Attorney(s) appearing for the Case

Rosin Steinhagen Mendel , New York City ( Douglas H. Reiniger and Gail Steinhagen of counsel), for appellant.

Warren & Warren, P.C., Brooklyn ( Ira L. Eras of counsel), for Carol W., respondent.

Andrew J. Baer , New York City, for Carmen A., respondent.

Law Offices of Randall S. Carmel, P.C., Syosset ( Randall S. Carmel of counsel), Attorney for the Child.

CATTERSON, ACOSTA, DEGRASSE and RICHTER, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This appeal requires us to consider an issue not previously directly addressed by this Court: When a foster care agency has guardianship and custody of a child and there is no living parent or other individual with the right to consent to the child's adoption, does the agency's refusal to consent to an adoption by a potentially viable candidate preclude the court from entertaining...

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