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Matter of Justin

Appellate Division of the Supreme Court of New York, First Department
May 9, 1995
215 A.D.2d 180 (N.Y. App. Div. 1995)

Opinion

May 9, 1995

Appeal from the Family Court, New York County (Mary E. Bednar, J.).


The Family Court properly determined that the subject children established no real familial bonds with their half-siblings, and that, especially in Justin's case, his foster family was the only real family he has ever known. The Family Court's finding that further forced visitation would serve little purpose is entitled to considerable deference (see, Eschbach v Eschbach, 56 N.Y.2d 167, 173-174) and is fully supported by the record. Moreover, the fact that the proposed adoptions may exclude contact with the children's half-siblings poses no constitutional violation in this case (cf., Rivera v Marcus, 696 F.2d 1016 [2d Cir 1982]; Aristotle P. v Johnson, 721 F. Supp. 1002 [ND Ill 1989]), in light of the State's overriding and compelling interest in protecting the health, safety and welfare of the children placed in its care (see, Matter of Stephen B., 176 A.D.2d 1204, lv denied 79 N.Y.2d 752, appeal dismissed 79 N.Y.2d 914; Matter of Shaka Efion C., 207 A.D.2d 740).

We have considered petitioner's remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.


Summaries of

Matter of Justin

Appellate Division of the Supreme Court of New York, First Department
May 9, 1995
215 A.D.2d 180 (N.Y. App. Div. 1995)
Case details for

Matter of Justin

Case Details

Full title:In the Matter of JUSTIN H. In the Matter of LUCY H. In the Matter of…

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

Date published: May 9, 1995

Citations

215 A.D.2d 180 (N.Y. App. Div. 1995)
626 N.Y.S.2d 479

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