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Kaiser v. Orange County Department of Social Services

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 586 (N.Y. App. Div. 2006)

Opinion

2006-00567.

November 14, 2006.

In a guardianship proceeding, the petitioner maternal grandmother appeals from an order of the Family Court, Orange County (Klein, J.), dated November 14, 2005, which dismissed the petition.

Bloom Bloom, P.C., New Windsor, N.Y. (Peter E. Bloom of counsel), for appellant.

David L. Darwin, County Attorney, Goshen, N.Y. (Christine Foy Stage of counsel), for respondent Orange County Department of Social Services.

Todd D. Kadish, Brooklyn, N.Y., Law Guardian for the child.

Before: Santucci, J.P., Mastro, Fisher and Dillon, JJ., concur.


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

The petitioner contends that the Family Court erroneously considered certain hearsay testimony at the guardianship hearing. This contention is unpreserved for appellate review since the petitioner did not object to admission of the testimony at any time during the hearing ( see Matter of Diaz v Santiago, 8 AD3d 562, 563). In any event, even in view of the hearsay nature of the testimony, the Family Court properly concluded that it was in the child's best interest to deny the petition by the maternal grandmother for guardianship of the child ( see SCPA 1707). There is a sound and substantial basis in the record for the Family Court's determination.


Summaries of

Kaiser v. Orange County Department of Social Services

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 586 (N.Y. App. Div. 2006)
Case details for

Kaiser v. Orange County Department of Social Services

Case Details

Full title:In the Matter of JOAN KAISER, Appellant, v. ORANGE COUNTY DEPARTMENT OF…

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

Date published: Nov 14, 2006

Citations

34 A.D.3d 586 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8247
826 N.Y.S.2d 313

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