Opinion
May 1, 1995
Appeal from the Family Court, Richmond County (Schechter, J.).
Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed, without costs or disbursements.
We agree with the Family Court that based on the totality of circumstances, the best interests of the child will be promoted by the plan for his adoption by Renee M., the maternal aunt (see, Eschbach v Eschbach, 56 N.Y.2d 167). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.