In re Zisman
Opinion of the Court
In two adoption proceedings, the natural father Philip Drelich, appeals from two orders of the Surrogate’s Court, Kings County (Bloom, S.), dated December 6, 1983, which allowed the adoptions of Elliot R. Drelich and Shraig F. Drelich by their maternal grandparents, the petitioners.
Ordered that the orders are affirmed, without costs or disbursements.
The Surrogate failed to set forth essential findings of fact as required by CPLR 4213 (b) and SCPA 102 (see, Baratía v Baratta, 102 AD2d 838). However, the record is sufficiently complete to permit intelligent appellate review, and thus, this court will make the requisite findings of fact in the interests of judicial economy and avoiding unnecessary future litigation (Matter of Commissioner of Social Seros, o George C., 78 AD2d 541; Motorola Communications & Elees, o National Equip. Rental, 74 AD2d 564).
The appellant was convicted of murdering his 23-year-old pregnant wife and sentenced to a term of 25 years to life
Moreover, we find that the petitioners, the maternal grandparents who have had custody of the children, continuously since May 25, 1979, shortly after their mother’s murder, have provided them with a loving and caring home, and have adequate means to support them. Under the circumstances, therefore, it is apparent that adoption is in the children’s best interest (see, Matter of Joseph LL., supra, at 267; Matter of Ginnan, supra, at 861). Finally, it is clear that under the facts of this case, the Surrogate’s dispensing with the appellant’s consent to these adoptions pursuant to former Domestic Relations Law § 111 (2) (d) (which was still in effect at the time of his ruling) did not violate the appellant’s constitutional right to substantive due process (see, Matter of Joseph LL., supra, at 266-267; Matter of Eric J.B., 92 AD2d 917; cf., Matter of Cassandra M., 110 AD2d 942, 943). Brown, J. P., Lawrence, Fiber and Sullivan, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.