Albertina C. v. Admin. for Children's Servs.

CourtNew York Supreme Court Appellate Division
Citation4 N.Y.S.3d 167,125 A.D.3d 483,2015 N.Y. Slip Op. 01383
PartiesIn re ALBERTINA C., Petitioner–Appellant, v. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent–Respondent, Jamar J., et al., Respondents.
Decision Date17 February 2015

125 A.D.3d 483
4 N.Y.S.3d 167
2015 N.Y. Slip Op. 01383

In re ALBERTINA C., Petitioner–Appellant
v.
ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent–Respondent
Jamar J., et al., Respondents.

Supreme Court, Appellate Division, First Department, New York.

Feb. 17, 2015.


4 N.Y.S.3d 168

Leslie S. Lowenstein, Woodmere, for appellant.

Zachary W. Carter, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.

Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child.

GONZALEZ, P.J., ACOSTA, SAXE, MANZANET–DANIELS, CLARK, JJ.

Opinion

Order, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about October 25, 2013, which denied petitioner grandmother's petition for custody and motion for visitation with the subject child, unanimously affirmed, without costs.

There is no presumption that it is in a child's best interest for custody to be awarded to a relative, and the sole issue in a custody proceeding is the best interests of the child (see Domestic Relations Law § 72[2][a] ; Family Court Act § 631 ; Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The court properly found that it was not in the child's best interests to award the grandmother custody because the grandmother failed to appreciate the danger to the child in permitting the mother access, where the mother viciously beat the child's five-year old brother and failed to provide him with medical assistance for four days, until he died. The grandmother refused to acknowledge the mother's role in the sibling's demise, and testified that her daughter was an “excellent” mother.

With respect to visitation, the court properly undertook a two-part inquiry, and found, first, that the grandmother had established the right to be heard based on her testimony concerning her relationship with the child. However, the court also properly concluded that visitation was not...

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5 practice notes
  • Velez v. White
    • United States
    • New York Supreme Court Appellate Division
    • February 25, 2016
    ...that visitation would not be in the child's best interests (see Matter of Albertina C. v. Administration for Children's Servs., 125 A.D.3d 483, 484, 4 N.Y.S.3d 167 [2015], lv. denied 25 N.Y.3d 906, 2015 WL 3620128 [2015] ; Matter of Pinsky v. Botnick, 105 A.D.3d 852, 855, 962 N.Y.S.2d 668 [......
  • Fan v. Sabin
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2015
    ...judgment dismissing the complaint. To be sure, the court should not have entertained a CPLR 3212 summary judgment motion, sua sponte 4 N.Y.S.3d 167converted it to a CPLR 3211(a)(1) motion, and then prevented plaintiff's counsel from making arguments in opposition, leaving plaintiff without ......
  • Albertina C. v. Kim C., 16077
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2022
    ...culpability in the vicious beating death of the child's older brother ( Matter of Albertina C. v. Administration for Children's Servs., 125 A.D.3d 483, 484, 4 N.Y.S.3d 167 [1st Dept. 2015] ). In addition, the grandmother lacked transparency about her sources of income, and had no plan for t......
  • People v. Thompson,
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2015
    ...the respondent within thirty (30) days after service of a copy of this order. Denial of the application for permission to appeal by the 125 A.D.3d 483judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.GONZALEZ, P.J., ACOSTA......
  • Request a trial to view additional results
5 cases
  • Velez v. White
    • United States
    • New York Supreme Court Appellate Division
    • February 25, 2016
    ...that visitation would not be in the child's best interests (see Matter of Albertina C. v. Administration for Children's Servs., 125 A.D.3d 483, 484, 4 N.Y.S.3d 167 [2015], lv. denied 25 N.Y.3d 906, 2015 WL 3620128 [2015] ; Matter of Pinsky v. Botnick, 105 A.D.3d 852, 855, 962 N.Y.S.2d 668 [......
  • Fan v. Sabin
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2015
    ...judgment dismissing the complaint. To be sure, the court should not have entertained a CPLR 3212 summary judgment motion, sua sponte 4 N.Y.S.3d 167converted it to a CPLR 3211(a)(1) motion, and then prevented plaintiff's counsel from making arguments in opposition, leaving plaintiff without ......
  • Albertina C. v. Kim C., 16077
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2022
    ...culpability in the vicious beating death of the child's older brother ( Matter of Albertina C. v. Administration for Children's Servs., 125 A.D.3d 483, 484, 4 N.Y.S.3d 167 [1st Dept. 2015] ). In addition, the grandmother lacked transparency about her sources of income, and had no plan for t......
  • People v. Thompson,
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2015
    ...the respondent within thirty (30) days after service of a copy of this order. Denial of the application for permission to appeal by the 125 A.D.3d 483judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.GONZALEZ, P.J., ACOSTA......
  • Request a trial to view additional results

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