In re Yary

OPINION OF THE COURT

Saxe, J.P.

This appeal requires us to consider an issue not previously directly addressed by this Court: When a foster care *202agency has guardianship and custody of a child and there is no living parent or other individual with the right to consent to the child’s adoption, does the agency’s refusal to consent to an adoption by a potentially viable candidate preclude the court from entertaining that individual’s adoption petition? Here, the child’s biological mother is deceased, the child is in foster care, and respondent foster care agency is the only entity with the legal…