From Casetext: Smarter Legal Research

In the Matter of Alexander N

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2004
5 A.D.3d 776 (N.Y. App. Div. 2004)

Opinion

2003-00516.

Decided March 29, 2004.

In a guardianship proceeding pursuant to Family Court Act article 6, Irina N. and Boris N. appeal from an order of the Family Court, Kings County (Morgenstern, J.), dated December 12, 2002, which granted the petition and appointed the petitioner guardian of the subject minor child.

Peter A. Wilner, Jamaica, N.Y., for appellants.

Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel; Christine Von Wagenheim on the brief), Law Guardian for the child.

Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the parents' contention, the Family Court possessed sufficient information to render an informed determination consistent with the child's best interests ( see Matter of Bogdan v. Bogdan, 291 A.D.2d 909; Skidelsky v. Skidelsky, 279 A.D.2d 356; Matter of Porter v. Burgey, 266 A.D.2d 552; Matter of Davis v. Davis, 265 A.D.2d 552; Matter of Vangas v. Ladas, 259 A.D.2d 755). The child, age 16 at the time of the hearing, was of sufficient maturity such that his preference not to live with his parents and to study at a school he chose was entitled to great weight ( see Matter of Benitez v. Llano, 39 N.Y.2d 758; Matter of Chase v. Reome, 289 A.D.2d 894; Guzzo v. Greco, 66 A.D.2d 833). Notably, the Law Guardian was of the view that guardianship should be awarded to the petitioner, a nonrelative who had befriended and taken excellent care of the child.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.


Summaries of

In the Matter of Alexander N

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2004
5 A.D.3d 776 (N.Y. App. Div. 2004)
Case details for

In the Matter of Alexander N

Case Details

Full title:In the MATTER OF ALEXANDER N. (ANONYMOUS). MOSHE G. (ANONYMOUS)…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 2004

Citations

5 A.D.3d 776 (N.Y. App. Div. 2004)
773 N.Y.S.2d 609

Citing Cases

Melissa B. v. Dean S.

ORDERED that the order is affirmed, without costs or disbursements. Contrary to the contention of Marla B. S.…

Melissa B. v. Dean S.

ORDERED that the order is affirmed, without costs or disbursements. Contrary to the contention of Marla B.S.…