Opinion
2012-07-18
In the Matter of BIANCA B. (Anonymous). Carrie A. (Anonymous), petitioner-respondent, Yolanda B. (Anonymous), et al., respondents; Great Neck Union Free School District, intervenor-appellant.
Frazer & Feldman, LLP, Garden City, N.Y. (Christie R. Medina of counsel), for intervenor-appellant. Patricia Latzman, Port Washington, N.Y., attorney for the child.
Frazer & Feldman, LLP, Garden City, N.Y. (Christie R. Medina of counsel), for intervenor-appellant. Patricia Latzman, Port Washington, N.Y., attorney for the child.
In a guardianship proceeding pursuant to Family Court Act article 6, the intervenor Great Neck Union Free School District appeals from an order of the Family Court, Nassau County (Aaron, J.), dated September 14, 2011, which granted the petition of Carrie A., the grandmother of the subject child, for guardianship of the subject child.
ORDERED that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the petition is denied, and the proceeding is dismissed.
“[W]hen considering guardianship appointments, the infant's best interests is paramount” (Matter of Alamgir A., 81 A.D.3d 937, 938, 917 N.Y.S.2d 309;see SCPA 1707[1]; Matter of Ashley W. [ Verdele F.], 85 A.D.3d 807, 809, 925 N.Y.S.2d 551;Matter of Trudy–Ann W. v. Joan W., 73 A.D.3d 793, 794, 901 N.Y.S.2d 296).
Here, the record does not show that the subject child's best interests would be served by transferring guardianship from the child's parents to the petitioner, her grandmother. Accordingly, the Family Court improvidently exercised its discretion in grantingthe petition for guardianship ( see Matter of Diego F. [ Magno V.], 84 A.D.3d 1373, 924 N.Y.S.2d 278;Matter of Proios, 111 Misc.2d 252, 253, 443 N.Y.S.2d 828;compare Matter of Alamgir A., 81 A.D.3d at 938, 917 N.Y.S.2d 309;Matter of Trudy–Ann W. v. Joan W., 73 A.D.3d at 794, 901 N.Y.S.2d 296).