Opinion
14804 Dkt. No. G-03284/21 Case No. 2021–01771
12-09-2021
In the MATTER OF CALEESTA S., A Minor Under Eighteen Years of Age, etc., Daphne M., Petitioner–Respondent, v. Wanda J. (Deceased), Respondent, Donald E. S., III, Respondent–Appellant.
Steven P. Forbes, Huntington, for appellant. Dokor Dejvongsa, New York, for respondent. Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child.
Steven P. Forbes, Huntington, for appellant.
Dokor Dejvongsa, New York, for respondent.
Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child.
Kapnick, J.P., Moulton, Gonza´lez, Rodriguez, Pitt, JJ.
Order, Family Court, Bronx County (Ariel D. Chesler, J.), entered on or about May 4, 2021, which, after a hearing, granted petitioner Daphne M.’s petition to be appointed guardian of the subject child, unanimously affirmed, without costs.
Family Court properly found that petitioner, the child's godmother, had standing to seek a nonparent guardianship without the father's consent (see Family Ct Act § 1055–b ), because she established extraordinary circumstances existed following the mother's death. Petitioner demonstrated that she had a strong emotional bond with the child and was providing for the child's financial, educational, emotional and medical needs without contribution from the father, who failed to assume any parental role for the child following the mother's death, and that the child was afraid of him (see Matter of Cornell S.J. v. Altemease R.J., 164 A.D.3d 1184, 1184, 84 N.Y.S.3d 451 [1st Dept. 2018], lv denied 32 N.Y.3d 913, 2019 WL 191970 [2019] ; Matter of Jaylanisa M.A. [Christopher A.], 157 A.D.3d 497, 498, 68 N.Y.S.3d 462 [1st Dept. 2018] ). There exists no basis to disturb the court's credibility determinations (see Matter of Dianne M. v. Princess R.F., 82 A.D.3d 481, 918 N.Y.S.2d 416 [1st Dept. 2011] ).
Family Court's determination that awarding guardianship to petitioner would be in the child's best interests is supported by a sound and substantial basis in the record given the evidence that the child was being well-cared for by petitioner, and the child's expressed preference to remain in her care (see Family Ct Act § 1055–b ; Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 548–550, 387 N.Y.S.2d 821, 356 N.E.2d 277 [1976] ; Matter of Virgilio M. v. Jasmin R., 172 A.D.3d 430, 431, 99 N.Y.S.3d 304 [1st Dept. 2019] ).