Legal Opinion

In re Bentley XX.

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

Decided July 10, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Devine, J.

Respondent is the biological father of a son, Bentley XX. (born in 2010), who has been in the care and custody of petitioner since birth. In February 2012, respondent executed a conditional judicial surrender of the guardianship and custody of Bentley (see Social Services Law § 383-c). The condition relevant to the present dispute states that “the surrender of guardianship and custody of Bentley [XX.] is subject to the . . . condition [that he] will be adopted by Tanya [YY] and Datus [YY.].” Following the execution of the judicial surrender, and before the…

2Cases cited5 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Jensen v. General Electric Co.New York Court of Appeals · 1993
  3. In re Christopher F.Appellate Division of the Supreme Court of the State of New York · 1999
  4. In re Mia T.Appellate Division of the Supreme Court of the State of New York · 2011
  5. T.R. v. Chemung County Department of Social ServicesNew York Family Court · 2005

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