Matter of Ollie v. Alfredo

Full title: In the Matter of OLLIE P., Appellant, v. ALFREDO E., Respondent

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

Date published: Feb 4, 1993

190 A.D.2d 541 (N.Y. App. Div. 1993)

593 N.Y.S.2d 221

Opinion

February 4, 1993

Appeal from the Family Court, Bronx County (Rhoda J. Cohen, J.).

While it appears that there was no showing of extraordinary circumstances to justify the removal of respondent's natural children from his custody (Matter of Bennett v Jeffreys, 40 N.Y.2d 543), or a showing that the best interest of the third child required a transfer of custody, review by this Court is "limited to ensuring that the Family Court has evaluated all relevant considerations" (Matter of Van Loan v Dillenbeck, 108 A.D.2d 1071, 1072, lv denied sub nom. Janet V. v Danny J.D., 65 N.Y.2d 607). Absent a decision setting forth factual and legal conclusions, this Court is unable to properly evaluate the determination of Family Court. The Court may, in its discretion, reopen the hearing upon an appropriate showing.

Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.