* Section marked with an asterisk refers to the charter of 1897, while the other sections refer to the charter of 1901, as amended.- [REP.

DAVID W. MYERS, Appellant, v. HAZEL A. MYERS, an Infant,

Respondent.

First Department, May 27, 1921.

Parent and child adoption annulment on application of natural parent allegations that plaintiff was misled in signing consent facts not shown justifying annulment.

The annulment of two orders of adoption of the defendant, who is plaintiff's child, was properly denied where it appeared that shortly after the death of the defendant's mother the plaintiff and the defendant and her grandmother personally appeared before the county judge and the plaintiff signed and acknowledged a formal certificate consenting to the adoption of the defendant by her grandmother; and the fact that the plaintiff relied on the advice of an attorney, that it would not be lawful for his mother to take the defendant without the approval of the court, and that he believed that the proceeding would not sever or in any way abrogate his relationship to the child, does not relieve him from his formal appearance and acts in accordance with the statute, in the absence of any proof that he was induced to sign said consent or to refrain from reading it by any misrepresentation of fact made to him.

The original order for the adoption of the defendant by the plaintiff's mother being valid, the plaintiff cannot contend that the subsequent adoption of the defendant by his sister on the consent of his mother, who was then the foster parent of the defendant, was fraudulent and void, where it is not alleged that any fraud or deception was perpetrated on the foster APP. DIV.- VOL. CXCVII. 1