MATTER OF AMANDA N.

10618.

178 A.D.3d 565 (2019)

112 N.Y.S.3d 490

2019 NY Slip Op 09104

In the Matter of Amanda N. Ping N., Appellant; Catholic Guardian Services, Respondent.

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

Decided December 19, 2019.


Attorney(s) appearing for the Case

NYU School of Law Family Defense Clinic/Washington Square Legal Services, New York ( Amy Mulzer of counsel), for appellant.

Magovern & Sclafani, Mineola ( Mary Jane Sclafani of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Judith Stern of counsel), attorney for the child.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.


The record demonstrates that the father's consent to the adoption of the child was required (see Domestic Relations Law § 111[1][d]). The court erred in limiting the evidence solely to the time that the child was in foster care. The fact that the child resided with the father and was financially supported by him from her birth until her removal from the home at the age of five plainly qualified him as a consent father...

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