In re Samantha B.

Boyers, J.,

dissents, and votes to affirm the order appealed from, with the following memorandum, in which Thompson, J., concurs: A parent’s obligation to a child is founded upon a substantial duty that requires affirmative performance (see Matter of Joseph LL, 63 NY2d 1014, affg 97 AD2d 263). Given such duty, I would hold that the record in this case discloses sufficient evidence upon which to affirm the Surrogate’s finding that the appellant natural father has in fact abandoned all obligations and responsibilities of parenthood, and accordingly, his consent to adoption is not necessary (see…