Opinion
2023-00796, 2023-05035 Docket No. G-5568-22
06-21-2023
In the MATTER OF ANUAR S.A.O. (Anonymous). Yari C.B.M. (Anonymous), appellant; v. Lizeth O.M. (Anonymous), respondent.
Bruno J. Bembi, Hempstead, NY, for appellant.
Bruno J. Bembi, Hempstead, NY, for appellant.
FRANCESCA E. CONNOLLY, J.P., VALERIE BRATHWAITE NELSON, CHERYL E. CHAMBERS, HELEN VOUTSINAS, JJ.
DECISION & ORDER In a guardianship proceeding pursuant to Family Court Act article 6, the petitioner appeals from two orders of the Family Court, Nassau County (Sharon N. Clarke, Ct. Atty. Ref.), both dated December 21, 2022. The first order dismissed, without a hearing, the petition to appoint the petitioner as the guardian of the subject child. The second order denied the petitioner's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). ORDERED that the orders are reversed, on the law, without costs or disbursements, the petition to appoint the petitioner as the guardian of the subject child is reinstated, and the matter is remitted to the Family Court, Nassau County, for an expedited hearing and a new determination thereafter of the petition and the petitioner's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J).
In 2022, the petitioner, an alleged friend of the subject child's family, commenced this proceeding pursuant to Family Court Act article 6 to be appointed as the guardian of the child. Thereafter, the petitioner moved for the issuance of an order, inter alia, making specific findings so as to enable the child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to 8 USC § 1101(a)(27)(J). In two orders, both dated December 21, 2022, the Family Court dismissed the petition and denied the petitioner's motion. The petitioner appeals.
Contrary to the Family Court's determination, there is no express requirement to submit certified copies of birth certificates or death certificates in a proceeding such as this pursuant to Family Court Act § 661(a) (see Matter of Jose S.S.G. [Elmer W.G.G.—Norma C.G.C.], 217 A.D.3d 864 [decided herewith] ; Matter of Joel A.A.R. [Sara I.R.T.—Eddy A.A.G.], 216 A.D.3d 1167, 191 N.Y.S.3d 414 [2d Dept.] ; see also Matter of Rosa Amanda L.R. v. Carlos Arnoldo O.R., 189 A.D.3d 1250, 134 N.Y.S.3d 223 ). Accordingly, since the court dismissed the petition without conducting a hearing or considering the child's best interests, we remit the matter to the Family Court, Nassau County, for an expedited hearing and a new determination thereafter of the petition and the petitioner's motion for the issuance of an order, inter alia, making specific findings so as to enable the child to petition for SIJS pursuant to 8 USC § 1101(a)(27)(J) (see Matter of Linares–Mendez v. Cazanga–Payes, 183 A.D.3d 738, 121 N.Y.S.3d 659 ; Matter of Olga L.G.M. [Santos T.F.], 164 A.D.3d 1341, 1342, 81 N.Y.S.3d 764 ).
The petitioner's remaining contentions are improperly raised for the first time on appeal.
CONNOLLY, J.P., BRATHWAITE NELSON, CHAMBERS and VOUTSINAS, JJ., concur.