IN RE: NORMAN CHRISTIAN K. (2007)

Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about March 1, 2006, which denied petitioner's motion for summary judgment on the issue of whether respondent Derrick B. must be considered a notice father and not a father whose consent is required for adoption, unanimously affirmed, without costs.

In the unusual circumstances of this case where respondent was granted custody of the child and cared for the child after he had been declared a notice-only father (see Domestic Relations Law § 111-a), Family Court properly concluded that respondent is entitled to a hearing to determine whether he should be accorded the status of a consent father pursuant to Domestic Relations Law § 111-(1)(d) (see Matter of Dominique P., 14 A.D.3d 319, 787 N.Y.S.2d 44 [2005];  see also Caban v. Mohammed, 441 U.S. 380, 99 S.Ct. 1760, 60 L.Ed.2d 297 [1979];  Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 [1972];  see generally, Matter of Raquel Marie X., 76 N.Y.2d 387, 559 N.Y.S.2d 855, 559 N.E.2d 418 [1990], cert. denied sub nom. Robert C. v. Miguel T., 498 U.S. 984, 111 S.Ct. 517, 112 L.Ed.2d 528 [1990];  cf. Social Services Law § 384-b[12] ).