197 A.D. 1 | N.Y. App. Div. | 1921
This is an action brought for the annulment of two orders for the adoption of the defendant, who is plaintiff’s child. Defendant was born on the 4th of January, 1905. Her mother died on the 11th of March, 1906, and on the 31st day of that month an order in due form as prescribed by the then existing Domestic Relations Law (Gen. Laws, chap. 48 [Laws of 1896, chap. 272], § 60 et eeg., as amd.) was made by Judge Aspinall, county judge of Kings county, allowing and confirming the adoption of the defendant by the mother of the plaintiff. The order recites that the plaintiff and the defendant and her grandmother personally appeared before the judge and were examined by him, and the petition for adoption and the order show that the plaintiff signed and acknowledged before the county judge on that day a formal certificate consenting to the adoption. The order and plaintiff’s consent thereto are not set forth in the complaint; but they are made part of the answer and as will be seen they contain only what the statute required and failure to comply with the statute is not shown by the complaint. The complaint contains allegations tending to show that the plaintiff was misled and deceived by his sister and by an attorney into going before the county judge and executing his consent to the adoption. It contains no allegation with respect to any
It follows that the order and judgment should be affirmed, with costs.
Clarke, P. J., Dowling, Merrell and Greenbaum, JJ., concur.
Judgment and order affirmed, with costs.