In re Adoption of a Child Whose First Name is Damien

—Order unanimously affirmed without costs. Memorandum: Surrogate’s Court properly granted petitioners’ motion for summary judgment dismissing the answer and dispensed with the consent of respondent to the adoption of his son pursuant to Domestic Relations Law § 111 (2) (a). We reject respondent’s contention that summary judgment is not available in this proceeding (see, SCPA 102; see also, Matter of Pascal, 309 NY 108, 113; Matter of Hollenbeck, 65 Misc 2d 796, 798, affd 37 AD2d 922; Matter of Fishkind, 272 App Div 827). The proof submitted by petitioners establishes as a matter of law that…