Opinion
6946 6945
06-21-2018
IN RE ELIZABETH R., Petitioner–Appellant, Brenda P.–H., Respondent–Appellant, v. Renzo H., et al., Respondents–Respondents,
Tennille M. Tatum–Evans, New York, for Elizabeth R., appellant. Neal D. Futerfas, White Plains, for Brenda P.–H, appellant. Zachary W. Carter, Corporation Counsel, New York (Jessica Miller of counsel), for Administration for Children’s Services, respondent. Dawn M. Shammas, New York, for Sheltering Arms Children and Family Services, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
Tennille M. Tatum–Evans, New York, for Elizabeth R., appellant.
Neal D. Futerfas, White Plains, for Brenda P.–H, appellant.
Zachary W. Carter, Corporation Counsel, New York (Jessica Miller of counsel), for Administration for Children’s Services, respondent.
Dawn M. Shammas, New York, for Sheltering Arms Children and Family Services, respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
Richter, J.P., Tom, Mazzarelli, Gesmer, Moulton, JJ.
Orders, Family Court, New York County, (Stewart H. Weinstein, J.), entered on or about February 24, 2017, which, inter alia, dismissed the applications of petitioner maternal grandmother for guardianship of the subject child, Alexander H., and custody of the subject child, Kaylene H., unanimously affirmed, without costs.
The record establishes that it was not in the children's best interests to uproot them from their stable and loving foster homes, where they are well-cared for, with foster parents who wish to adopt them and are most likely to encourage a relationship with their siblings (see Matter of Jaffa Wally F., 60 A.D.3d 409, 874 N.Y.S.2d 87 [1st Dept. 2009] ; Matter of Taaliyah Simone S.D., 28 A.D.3d 371, 813 N.Y.S.2d 87 [1st Dept. 2006] ). Contrary to petitioner's argument, her unsuitability as a guardian and custodian of the subject children was well-supported by the record, including, but not limited to her repeated failure to acknowledge the mother's culpability in the severe abuse of three of her children, as well as her lack of insight into the children's history of abuse and emotional needs (see Matter of Jessica MM., 122 A.D.2d 462, 465, 504 N.Y.S.2d 850 [3d Dept. 1986], lv denied 68 N.Y.2d 612, 510 N.Y.S.2d 1026, 503 N.E.2d 123 [1986] ).