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MTR OF ROBERT O v. RUSSELL K

80 N.Y.2d 254 (1992)

In the Matter of Robert O., Appellant, v. Russell K. et al., Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1992.

Attorney(s) appearing for the Case

Donald E. Grossfield and Paul L. Brozkowski, of the Connecticut Bar, admitted pro hac vice, for appellant.

Frederick J. Magovern, New York City, and Constance F. Roland for respondents.

John Francis Phelan, Law Guardian, Hauppauge, and John F. Middlemiss, Jr.

Robert Abrams, Attorney-General, New York City (Jerry Boone, Andrea Green and Robert J. Schack of counsel), in his statutory capacity under Domestic Relations Law § 111 (1) (e), amicus curiae.

Daniel A. Piloseno, White Plains, for Catholic Adoptive Parents Association, Inc., amicus curiae.

Chief Judge WACHTLER and Judges KAYE, HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge TITONE concurs in result in another opinion; Judge SMITH taking no part.

SIMONS, J.

Petitioner, an unwed father, seeks to vacate a final order approving the adoption of his son. He contends that the mother or the State had a duty to ensure he knew of the birth and that their failure to do so denied him his constitutional rights. Inasmuch as petitioner failed to take any steps to discover the pregnancy or the birth of the child before first asserting his parental interest 10 months...

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