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Order Of Publication Form. This is a New York form and can be use in Adoption Statewide.
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Tags: Order Of Publication, 5, New York Statewide, Adoption
D.R.L.§§ 111(3), S.C.P.A. 307(2)(a)
(iv),CPLR 315
Form 5
(Order of Publication
Agency)
9/99
At a term of the
Court of the
State of New York, held in and for the
County of
,
at
New York,
on
, .
PRESENT
Hon.
Judge
__________________________________________
In the Matter of the Adoption of
A Child whose First Name Is
Docket No.
ORDER OF
PUBLICATION
__________________________________________
Upon reading and filing the petition herein duly verified on
applying for the adoption of the above-named person and upon the affidavit of
duly sworn to on
and it appearing to the satisfaction of the Court that the present
whereabouts of
are unknown and cannot, after due diligence, be ascertained, it is
hereby
ORDERED, that service of a copy of a notice of application for adoption be made upon
by publication thereof in (one) (two) newspaper(s), to wit: in the
published in the County of
, State of
(and in the
published in the County of
1
State of
, (once) (not less than once in each of four successive weeks)2, the (first)
publication to be made at least
days before the return day fixed in the said notice of application for
adoption; and it is further
(ORDERED that on or before the day of first publication the petitioner deposit in a post office or in
any post office box regularly maintained by the government of the United States in the State of New York a
copy of said notice of application for adoption, contained in a securely closed, post-paid wrapper, directed to
1
S.C.P.A. § 307(2)(a)(iv)
2
CPLR 315 et seq
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Form 5 page 2
said
at
that being last known address of said person.)
(ORDERED that the mailing of said notice of application for adoption is hereby dispensed with, the
Court being satisfied by said petition and affidavit that the petitioner cannot with reasonable diligence ascertain
a place or places where the said
would probably receive the matter transmitted through
the post office.)
[Applicable to orders of the Family Court]:
PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT,
AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN
30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN
COURT, 35 DAYS FROM THE DATE OF MAILING OF THE
ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30
DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN
UPON THE APPELLANT, WHICHEVER IS EARLIEST.
ENTER
________________________________________
J.F.C.
Date:
Check applicable box:
9 Order mailed on [specify date(s) and to whom mailed]:__________________________
9 Order received in court on [specify date(s) and to whom given]:___________________
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