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Matter of Jaclyn L. F

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 553 (N.Y. App. Div. 1999)

Opinion

Submitted September 10, 1999

October 25, 1999

In three consolidated adoption proceedings pursuant to Domestic Relations Law § 114, in which the petitioners seek to adopt Jaclyn L. F., Christina F., and Danni G., who have resided in the petitioners' home since their births, the petitioners appeal from an order of the Family Court, Suffolk County (Freundlich, J.).


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

The petitioners obviously love and care for the subject children. Nevertheless, the Family Court properly exercised its discretion and considered the best interests of the children in evaluating the factors in favor of and against the children's adoption (see,Domestic Relations Law § 114 ; Matter of Michael B., 80 N.Y.2d 299, 313-314 ; Matter of Michael JJ, 200 A.D.2d 80, 82 ; Matter of Donald U., 105 A.D.2d 875 ). While perfection is not demanded of adoptive parents (see, Matter of George L. v. Commissioner of Fulton County Dept. of Social Servs., 194 A.D.2d 955 ), the recent history of drug use by Gregory S., the proposed adoptive father, cannot be minimized and the record does not support his claim of recovery (cf., Matter of Michael JJ, 200 A.D.2d 80, 82 ). Although his court-ordered drug tests were negative, his prior drug use and convictions were not sufficiently remote in time to adequately assure that the best interests of the children were protected (see, Domestic Relations Law § 114[1]).

SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.


Summaries of

Matter of Jaclyn L. F

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 553 (N.Y. App. Div. 1999)
Case details for

Matter of Jaclyn L. F

Case Details

Full title:In the MATTER OF JACLYN L. F. (Anonymous), et al. GREGORY S. (Anonymous)…

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

Date published: Oct 25, 1999

Citations

265 A.D.2d 553 (N.Y. App. Div. 1999)
697 N.Y.S.2d 158