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In the Matter of Torres v. Scopetta

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 533 (N.Y. App. Div. 2003)

Opinion

2002-09755.

Decided December 8, 2003.

In a proceeding pursuant to Family Court Act article 4 to set aside a voluntary surrender of parental rights, the petitioner appeals from an order of the Family Court, Queens County (DePhillips, J.), dated May 30, 2001, which denied the petition and dismissed the proceeding.

Mona Freeman, for appellant.

Michael A. Cardozo, Corporation Counsel, (Edward F.X. Hart and Tahirih M. Sadrieh of counsel), for respondent.

Monica Drinane, New York, N.Y. (Eva Pappadopoulos of counsel), Law Guardian for the child.

Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court properly denied the petition of the biological father seeking to revoke the judicial surrender of his child because the conditions of the surrender relating to ongoing contact with the child allegedly were violated ( see Social Services Law § 383-c[d]; Matter of Sabrina H., 245 A.D.2d 1134).

The petitioner's remaining contentions are without merit.

SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.


Summaries of

In the Matter of Torres v. Scopetta

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
2 A.D.3d 533 (N.Y. App. Div. 2003)
Case details for

In the Matter of Torres v. Scopetta

Case Details

Full title:IN THE MATTER OF DAVID TORRES, appellant, v. NICHOLAS SCOPETTA, ETC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 2003

Citations

2 A.D.3d 533 (N.Y. App. Div. 2003)
767 N.Y.S.2d 904

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