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In the Matter of the Adoption of BABY BOY JOSEPH. DOROTHY R., Appellant; ADOPTIVE PARENTS, Respondents.

Order unanimously affirmed without costs. Memorandum: The Surrogate properly denied the natural mother's petition to revoke the judicial consent to adoption on the ground of duress (see, Domestic Relations Law § 115-b, [7]). The facts alleged by petitioner "do not constitute the `kind of force' which would sustain a finding of duress and thereby warrant the vacatur of a natural parent's consent to an adoption" (Matter of Baby Boy L., 144 A.D.2d 674, 675, lv denied 74 N.Y.2d 606, cert denied sub nom. Laurence v Anonymous, 493 U.S. 918, citing Matter of Podmore v Our Lady of Victory Infant Home, 82 A.D.2d 48, 51). Because the allegations of the petition are insufficient on their face, the court did not err in failing to conduct a hearing (see, Matter of Podmore v Our Lady of Victory Infant Home, supra; see also, Matter of Female R., 202 A.D.2d 672).

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MATTER OF BABY BOY JOSEPH
(Apr 28, 1995)