Legal Opinion · Concurrence

In re the Adoption of Gustavo G.

Appellate Division of the Supreme Court of the State of New York

Decided April 22, 2004Published

1Concurrence

Marlow, J. (concurring).

I agree with Justice Sullivan that the order dismissing the petition should be reversed, because the law as it currently stands requires that outcome, particularly, and most persuasively in my view, in light of the construction offered of Social Services Law § 374 (6). I also agree that, on this record, this child’s best interests will be served by concluding this adoption as this Court directs.

Notwithstanding my vote to uphold this adoption, however, I consider it important to comment on the current state of the law and the Code of Professional Responsibility as they…

2Cases cited6 opinions

Greene v. GreeneNew York Court of Appeals · 1979
In re KellyNew York Court of Appeals · 1968
Handelman v. WeissDistrict Court, S.D. New York · 1973
Flego v. Philips, Appel & Walden, Inc.District Court, D. New Jersey · 1981
In re the Adoption of VincentNew York City Family Court · 1993

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