Legal Opinion

Layton v. Foster

New York Court of Appeals

Decided January 17, 1984PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division should be affirmed, with costs.

Section 72 of the Domestic Relations Law evidences a legislative intent to continue the familial relationship between grandparents of an adopted child and the child, provided that doing so is not contrary to the best interests of the child (Lo Presti v Lo Presti, 40 NY2d 522, 527). The Family Court Judge erred on the law, therefore, in suggesting that the natural father’s consent to adoption by the stepfather terminated the rights of the natural father’s parents.

The…

2Cases cited3 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Lo Presti v. Lo PrestiNew York Court of Appeals · 1976
  3. People Ex Rel. Sibley v. SheppardNew York Court of Appeals · 1981

3Cited by16 opinions

  1. Kreutter v. McFadden Oil Corp.New York Court of Appeals · 1988
  2. In re WhitakerOhio Supreme Court · 1988
  3. Gray v. VaroneAppellate Division of the Supreme Court of the State of New York · 2012
  4. In re Rita VV.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Lingwall v. HoenerIllinois Supreme Court · 1985

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