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IN THE MATTER OF DOE

58 A.D.3d 186 (2008)

868 N.Y.S.2d 40

In the Matter of the Adoption of JOHN DOE, an Infant. LMB, Respondent; ERJ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

November 25, 2008.

Attorney(s) appearing for the Case

Cohen Lans LLP, New York City (Mara T. Thorpe of counsel), for appellant.

Cohen Hennessey Bienstock & Rabin P.C., New York City (Bonnie E. Rabin and Timothy W. James of counsel), for respondent.

Before: SAXE, J.P., and GONZALEZ, J., concur with CATTERSON, J. NARDELLI, J., dissents in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

In this action, in which appellant ERJ claims she is the current, rightful adoptive parent of a Cambodian orphan, we find that the act of state doctrine may not be used in an adoption proceeding where the parties have invoked the jurisdiction of the State of New York, and all the parties including the child are domicilaries of this state. To find otherwise would be an unprecedented surrender of this Court's jurisdiction...

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