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MATTER OF L.S.

Docket No. AS-24660/17, AS-24667/17. Appeal No. 12912. Case No. 2019-1128.

195 A.D.3d 1 (2021)

145 N.Y.S.3d 43

2021 NY Slip Op 02085

In the Matter of the Adoption of L.S., an Infant. DIANA A., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho ( Thomas R. Villecco of counsel), for appellant.

Law Offices of James M. Abramson, PLLC, New York City ( Stefan J. Williams of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York City ( Claire V. Merkine of counsel), Attorney for the Child.

GISCHE, J.P., MOULTON and MENDEZ, JJ., concur.

OPINION OF THE COURT

This appeal requires us to resolve an issue not previously addressed by this Court. When the person designated in a conditional judicial surrender as the adopting parent declines to adopt the child must the surrender be revoked upon the birth parent's application...

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