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Matter of Inzerillo

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 2000
269 A.D.2d 533 (N.Y. App. Div. 2000)

Opinion

Submitted January 7, 2000

March 2, 2000

Judd Moss, P.C., Ronkonkoma, N.Y. (Francine H. Moss of counsel), for appellants.

Robert C. Mitchell, Central Islip, N.Y. (Jayne Ann McPartlin and Heidi E. Hilton of counsel), Law Guardian for the child.

Robert J. Cimino, County Attorney, Central Islip, N.Y. (Brian B. Mulholland of counsel), for Suffolk County Department of Social Services.

THOMAS R. SULLIVAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.


In a proceeding pursuant to Domestic Relations Law § 115-d for certification as qualified adoptive parents, the petitioners appeal from an order of the Family Court, Suffolk County (Freundlich, J.), entered April 1, 1999, which denied the petition.


DECISION ORDER

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

"Primary among the circumstances to be considered in determining the best interests of the child are the ability to provide for the child's emotional and intellectual development, the quality of the home environment, and the parental guidance provided (see,Eschbach v. Eschbach, 56 N.Y.2d 167, 172 ). Other factors to be considered by the court include the original placement of the child, the length of that placement, the relative fitness of the parents, and the parents' financial status (see, Klat v. Klat, 176 A.D.2d 922, 923 )" (Matter of Baby Boy P., 244 A.D.2d 491 , quotingMatter of Baby Boy L., 206 A.D.2d 470, 471). It is well settled that the "analysis of the various factors to be taken into account in deciding a custody question is best made by the hearing court, because that court is in the most advantageous position to evaluate the testimony, character, and sincerity of the parties" (Matter of Baby Boy L., supra, at 472). The hearing court's decision evinces a careful consideration of all the relevant factors, and its conclusions are fully supported by the record. Accordingly, the order should not be disturbed.


Summaries of

Matter of Inzerillo

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 2000
269 A.D.2d 533 (N.Y. App. Div. 2000)
Case details for

Matter of Inzerillo

Case Details

Full title:IN THE MATTER OF T. SALVATORE INZERILLO, et al., appellants

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

Date published: Mar 2, 2000

Citations

269 A.D.2d 533 (N.Y. App. Div. 2000)
703 N.Y.S.2d 741

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