John E. v. Doe

Rosenblatt, J. (concurring in the result).

I concur with the result reached by the plurality, but I feel that there are grounds for affirmance far stronger than the plurality’s conclusions as to the level of the petitioner John E.’s fitness, and the promptness by which he asserted his claims. For that reason, I add the following by way of concurrence.

To begin with, I disagree with our dissenting colleague in his view that Matter of Raquel Marie X. (76 NY2d 387, cert denied sub nom. Robert C. v Miguel T., — US —, 111 S Ct 517) compels us to order that the child be taken from the adoptive…