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Christopher P. v. Jason Sidney G.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 25, 2015
126 A.D.3d 980 (N.Y. App. Div. 2015)

Opinion

2014-06377, 2014-06379 (Docket Nos. G-25071-12, G-21210-13)

03-25-2015

In the Matter of CHRISTOPHER P. (Anonymous), et al., appellants, v. Jason Sidney G. (Anonymous), et al., respondents. (Proceeding No. 1). In the Matter of Kevin M. (Anonymous), et al., petitioners-respondents, v. Jason Sidney G. (Anonymous), et al., respondents-respondents; Christopher P. (Anonymous), et al., nonparty-appellants. (Proceeding No. 2).

Steven P. Forbes, Jamaica, N.Y., for appellants. Magovern & Sclafani, Mineola, N.Y. (Frederick J. Magovern of counsel), for petitioners-respondents. Michael E. Lipson, Jericho, N.Y., for respondent Jason Sidney G. Veronica Escobar, Jamaica, N.Y., attorney for the child.


Steven P. Forbes, Jamaica, N.Y., for appellants.

Magovern & Sclafani, Mineola, N.Y. (Frederick J. Magovern of counsel), for petitioners-respondents.

Michael E. Lipson, Jericho, N.Y., for respondent Jason Sidney G.

Veronica Escobar, Jamaica, N.Y., attorney for the child.

Opinion

Appeals from two orders of the Family Court, Queens County (Mildred T. Negron, Ct.Atty.Ref.), both dated June 5, 2014, made after a hearing. The first order dismissed the petition of Christopher P. and Jessica S. for their appointment as permanent guardians of the person of the subject child. The second order granted the petition of Kevin M. and Laurie V. for their appointment as permanent guardians of the person of the subject child.ORDERED that the orders are affirmed, without costs or disbursements.

The appellants commenced a proceeding pursuant to Family Court Act article 6, seeking to be appointed permanent guardians of the person of the subject child. Kevin M. and Laurie V. commenced a separate proceeding pursuant to Family Court Act article 6, also seeking to be appointed permanent guardians of the person of the subject child. After an extensive hearing, which included the testimony of a court-appointed forensic evaluator, the Family Court dismissed the appellants' petition and granted the petition of Kevin M. and Laurie V.

When considering guardianship appointments, the child's best interests are paramount (see SCPA 1707[1] ; Matter of Deven Meza F., 108 A.D.3d 701, 702, 968 N.Y.S.2d 889 ). Contrary to the appellants' contention, the Family Court's determination that the best interests of the child require his placement in the permanent guardianship of Kevin M. and Laurie V. had a sound and substantial basis in the record (see Matter of Roberta W. v. Carlton McK., 112 A.D.3d 729, 730, 977 N.Y.S.2d 279 ; Matter of Deven Meza F., 108 A.D.3d at 702, 968 N.Y.S.2d 889 ) and, thus should not be disturbed.

The appellants' remaining contentions are either without merit or not properly before this Court.

ENG, P.J., DILLON, CHAMBERS and BARROS, JJ., concur.


Summaries of

Christopher P. v. Jason Sidney G.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 25, 2015
126 A.D.3d 980 (N.Y. App. Div. 2015)
Case details for

Christopher P. v. Jason Sidney G.

Case Details

Full title:In the Matter of Christopher P. (Anonymous), et al., appellants, v. Jason…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 25, 2015

Citations

126 A.D.3d 980 (N.Y. App. Div. 2015)
126 A.D.3d 980
2015 N.Y. Slip Op. 2483

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