Legal Opinion

Barry E. v. Ingraham

New York Court of Appeals

Decided November 21, 1977PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Breitel.

Petitioners, having secured a Mexican order of adoption for a child now in their possession, bring this proceeding under CPLR article 78 to compel the State Commissioner of Health to issue their "adopted child” a new birth certificate. Special Term granted the relief, the Appellate Division unanimously affirmed, and the commissioner appeals by leave of this court.

The issue is whether section 4138 (subd 1, par [c]) of the Public Health Law entitles petitioners to compel issuance of a new birth certificate. Involved is whether the commissioner must act…

2Cases cited7 opinions

  1. In Re the Accounting of LeaskNew York Court of Appeals · 1910
  2. New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
  3. Warner v. State of New YorkNew York Court of Appeals · 1948
  4. Nuernberger v. State of NYNew York Court of Appeals · 1976
  5. Martens v. MartensNew York Court of Appeals · 1940

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Juman v. Louise Wise ServicesAppellate Division of the Supreme Court of the State of New York · 1995
  2. In re the Adoption of PaulNew York City Family Court · 1990
  3. Juman v. Louise Wise ServicesNew York Supreme Court · 1994
  4. In re Male Infant A.New York City Family Court · 1991
  5. In re David N.New York City Family Court · 1984

7 more not listed; retrieve them via the Exa API.

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