Opinion
2022-09151 Docket No. G-4110-22
06-21-2023
In the Matter of ROSA M. G. G., appellant, v. JOSE M.Y. (Anonymous), et al., respondents.
Bruno J. Bembi, Hempstead, NY, for appellant.
Bruno J. Bembi, Hempstead, NY, for appellant.
FRANCESCA E. CONNOLLY, J.P., VALERIE BRATHWAITE NELSON, CHERYL E. CHAMBERS, HELEN VOUTSINAS, JJ.
DECISION & ORDER In a guardianship proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Sharon N. Clarke, Ct. Atty. Ref.), dated October 5, 2022. The order vacated an order of the same court dated September 9, 2022, granting the petitioner temporary guardianship of the subject child, and dismissed the proceeding for lack of subject matter jurisdiction.
ORDERED that the order is affirmed, without costs or disbursements. In May 2022, the petitioner commenced this proceeding pursuant to Family Court Act article 6 to be appointed guardian of the subject child, her cousin, so as to enable the child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to 8 USC § 1101(a)(27)(J). Thereafter, the petitioner moved for the issuance of an order making specific findings so as to enable the child to obtain SIJS. After a hearing, the Family Court issued two orders, both dated September 9, 2022. The first order granted the petitioner temporary guardianship of the child and was to expire on March 8, 2023, after the subject child's 21st birthday. The second order granted the petitioner's motion for the issuance of an order making specific findings so as to enable the child to obtain SIJS. Subsequently, in an order dated October 5, 2022, the Family Court vacated the order granting the petitioner temporary guardianship of the child and dismissed the proceeding for lack of subject matter jurisdiction. The petitioner appeals from the order dated October 5, 2022.
Contrary to the petitioner's contention, the Family Court properly dismissed the proceeding for lack of subject matter jurisdiction (see Matter of Michael R.C.S., 147 A.D.3d 767, 48 N.Y.S.3d 682 ; Matter of Maria C.R., 142 A.D.3d 165, 170, 35 N.Y.S.3d 416 ).
CONNOLLY, J.P., BRATHWAITE NELSON, CHAMBERS and VOUTSINAS, JJ., concur.