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Matter of Sabrina H

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1134 (N.Y. App. Div. 1997)

Opinion

December 31, 1997

Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly dismissed the petition of the biological mother, who sought to revoke the judicial surrender of her children because the conditions of the surrender were violated. While petitioner may petition the court for enforcement of the surrender's terms ( see, Matter of Patricia YY. v. Albany County Dept. of Social Servs., 238 A.D.2d 672; Matter of Gerald T., 211 A.D.2d 17, 20-21), she is not entitled to revocation of the surrender "in the absence of [a showing of] fraud, duress or coercion" ( Matter of Amanda B., 206 A.D.2d 636, 636-637; see, Matter of Baby Boy Joseph, 214 A.D.2d 1049; Social Services Law § 383-c). (Appeal from Order of Niagara County Family Court, Halpin, J. — Adoption.)


Summaries of

Matter of Sabrina H

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1134 (N.Y. App. Div. 1997)
Case details for

Matter of Sabrina H

Case Details

Full title:In the Matter of SABRINA H. and Another, Infants. GAIL S., Appellant…

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

Date published: Dec 31, 1997

Citations

245 A.D.2d 1134 (N.Y. App. Div. 1997)
666 N.Y.S.2d 531

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