From Casetext: Smarter Legal Research

Matter of Elizabeth

Appellate Division of the Supreme Court of New York, First Department
Sep 19, 1995
219 A.D.2d 503 (N.Y. App. Div. 1995)

Opinion

September 19, 1995

Appeal from the Family Court, New York County (George Jurow, J.).


We agree with the Family Court that adoption by the child's foster parents is in her best interests. Contrary to respondent's contention, for dispositional purposes no presumption favors the child's aunt or any other member of what respondent calls the child's "natural extended family" ( see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148; see also, Matter of Netfa P., 115 A.D.2d 390, 392; Matter of Michael W., 191 A.D.2d 287). Nor did the court err in denying respondent a second adjournment of the dispositional hearing so that she might contact the child's aunt and present her as a possible resource for the child, respondent having failed to explain why she did not take advantage of the two-month adjournment already given her for that purpose, and the aunt having expressed to petitioner agency no interest in becoming a permanent resource for the child. Respondent's argument that her constitutional rights were violated by permitting petitioner agency rather than the probation department to prepare a report pursuant to Family Court Act § 625 (b) is moot, since no such report was prepared.

Concur — Sullivan, J.P., Rubin, Kupferman, Asch and Nardelli, JJ.


Summaries of

Matter of Elizabeth

Appellate Division of the Supreme Court of New York, First Department
Sep 19, 1995
219 A.D.2d 503 (N.Y. App. Div. 1995)
Case details for

Matter of Elizabeth

Case Details

Full title:In the Matter of MARIA ELIZABETH A., a Child Alleged to be Permanently…

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

Date published: Sep 19, 1995

Citations

219 A.D.2d 503 (N.Y. App. Div. 1995)
631 N.Y.S.2d 334

Citing Cases

In the Matter of Loretta

The evidence at the dispositional hearing demonstrated that it was in the child's best interests to be freed…

In re Guardianship of Jenasia M

Family Court's finding that it is in the children's best interests to be adopted by their foster mother is…