In Re Naquan L.G. Graham Windham Family & Children's Services

Hall, J.,

dissents, and votes to reverse the order appealed from and grant the mother’s motion to vacate the judicial surrenders of the parental rights executed on January 20, 2011, with the following memorandum: The majority concludes, based on the language of Social Services Law § 383-c (6) (d), that a judicial surrender of parental rights may only be vacated on the grounds of fraud, duress, or coercion. While that conclusion is supported by the statutory language, here, the Family Court’s colloquy was misleading and fundamentally unfair to the mother. Based on this record, I cannot conclude…