New York Adoption Court Cases

New York Court Case: Mark G. v. Sabol
The statute's goals are advanced by legislative action in providing and allocating appropriate funding. If the statute were opened to private causes of action for money damages the funding scheme would be affected, perhaps significantly. Allocations of money and government resources would be rechanneled, no longer to be based on administrative judgments...


New York Court Case: Adoption of Michael S.
Based upon the condition of Mrs. S., John Lasoski, her half-brother had brought a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act to be appointed legal guardian. By order of C. Raymond Radigan, Judge of the Surrogate Court, Nassau County, dated April 10, 1993 Mr. Lasoski was appointed legal guardian and his spouse, Mrs. Jennie R. Lasoski, was designated as the standby guardian. Mr. Lasoski has submitted an affidavit to this Court...


New York Court Case: In the Matter of Shaida W.
In 1989, petitioner New York City Commissioner of Social Services commenced neglect proceedings on behalf of Shaida W., Kamar S., Asha W., Alyssa W., and Maila W. Family Court, Bronx County, found their mother, respondent Frances W., guilty of neglect based on her drug use. The Family Court also ordered the children placed...


New York Court Case: In the Matter of Anonymous
Prior to the institution of this proceeding the infant's former foster parents moved by order to show cause dated July 17, 1973 for an order directing the department to return the infant to their care, permitting them to adopt the infant or in the alternative directing the petitioners herein to institute proceedings for the adoption of the infant. By an order dated October 3, 1973, based on its decision of September 14, 1973, the court permitted the foster parents to intervene conditionally...


New York Court Case: Adoption of X.
Accompanying the petition for adoption is the printed official form 2-B "Agreement of Adoption and Consent". This form has been signed by the adoptive mother and adoptive father. As submitted it was acknowledged before a notary public. Subsequently, it was reacknowledged by the adopting parents before the Surrogate upon their initial appearance in court. The agreement of adoption and consent has never been signed by the natural mother...


New York Court Case: In re Adoption of Joseph
The adoptive parents have resided together since 1969 and attribute the success of their 29-year relationship to many factors, including their love for children. The prospective adoptive father has five siblings and has eight children from a prior marriage. The adoptive mother has seven living siblings and has two children from a prior marriage...


New York Court Case: Adoption of Ricky F.
When the matter appeared on the calendar on the hearing date, after the taking of testimony and lengthy conferences with the court, the parties entered into a stipulation on the record pursuant to which they agreed that the birth mother would execute a judicial consent to the adoption of the infant by the petitioners and that the respondent would be allowed to visit with the infant in accordance...


New York Court Case: Estate of Frederick T.
In this proceeding to judicially settle the account of the Public Administrator, the five objectants, alleged first cousins of the decedent, assert that they are the decedent's only distributees and that the estate should be distributed to them pursuant to EPTL 4-1.1 (a) (6). The objectants are required to satisfy the following three-pronged test to establish their status as distributees: (1) they must exclude the possibility that the decedent was survived by any person who would be entitled...


New York Court Case: Estate of Frederick R.
After directing the payment of debts and expenses and leaving personal effects, real property and the sum of $ 1,000 to Margaret, decedent's will directed that the residue be divided into three equal shares. From these shares, the will established two testamentary trusts: one funded with two thirds of the residuary estate (the article Fifth Trust) and one funded with the remaining one third of the residuary estate (the article Sixth Trust). With respect to the article Fifth Trust, the will named Margaret...


New York Court Case: Orzechowski v. Perales
In this action the plaintiffs seek declaratory and injunctive relief, and damages for violation of their constitutional rights. The basis of the challenge is that the defendants' administration of the religious matching provisions of the adoption laws (Family Ct Act § 116 [e]) is unconstitutional. Before the court are motions by the defendants to dismiss this action for failure to state a cause of action. Therefore, for the purpose of the motions, the allegations in the complaint are deemed...


New York Court Case: In re Adoption of Anonymous
Order reversed on the law without costs and petition granted. Memorandum: Petitioner brought a petition in Family Court seeking certification that she is a qualified adoptive parent in a private placement adoption. Following a home study, an adoption coordinator and a certified social worker from Saratoga Home Services concluded that petitioner possessed...


New York Court Case: Commitment of Jessica N.
The Family Court properly terminated the parental rights of the natural parents and transferred custody and guardianship to the Commissioner for the purpose of adoption by her white, lesbian foster mother who has provided E., born with birth defects and a positive toxicology for cocaine, with special care since she was less than four months old, notwithstanding...

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