In re Adoption of Hayley

Order unanimously affirmed without costs. Memorandum: Contrary to petitioners’ contention, Family Court properly placed the ultimate burden of proof on petitioners to establish that respondent had forfeited his right to contest the adoption of his daughter by petitioners. The court properly determined that respondent met his initial burden of establishing that he “maintained substantial and continuous or repeated contact” with his daughter (Domestic Relations Law § 111 [1] [dj; see, Matter of Andrew Peter H. T., 64 NY2d 1090, 1091), and that petitioners then failed to establish that…