In re Alexandria Mary

OPINION OF THE COURT

Lawton, J. P.

Respondent appeals from an order of Family Court that denied its motion to dismiss the petition for adoption. Family Court neither conducted a hearing nor made a factual determination. Nevertheless, there is sufficient agreement to the underlying facts to permit this Court to determine the following question of law: whether Family Court properly entertained the petition for adoption. For the reasons herein stated, we conclude that Family Court should not have entertained the adoption petition because petitioners failed to exhaust their administrative remedies…