In the Matter of Ashley W. (anonymous)

• Decision Date: 07 June 2011
• Citation: 925 N.Y.S.2d 551,2011 N.Y. Slip Op. 05082,85 A.D.3d 807
• Parties: In the Matter of ASHLEY W. (Anonymous), appellant.Verdele F. (Anonymous), petitioner-appellant. (Proceeding No. 1).In the Matter of Wrenggor W. (Anonymous), appellant.Verdele F. (Anonymous), petitioner-appellant. (Proceeding No. 2).
• Court: New York Supreme Court — Appellate Division

85 A.D.3d 807

925 N.Y.S.2d 551

2011 N.Y. Slip Op. 05082

In the Matter of ASHLEY W. (Anonymous), appellant.Verdele F. (Anonymous), petitioner-appellant. (Proceeding No. 1).In the Matter of Wrenggor W. (Anonymous), appellant.Verdele F. (Anonymous), petitioner-appellant. (Proceeding No. 2).

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

June 7, 2011.

Theo Liebmann, Hempstead, N.Y., for appellants.A. GAIL PRUDENTI, P.J., DANIEL D. ANGIOLILLO, ANITA R. FLORIO, and JEFFREY A. COHEN, JJ.

In related guardianship proceedings pursuant to Family Court Act article 6, the subject children, Ashley W. and Wrenggor W., and Verdele F., the paternal aunt of the subject children, appeal from an order of the Family Court, Nassau County (Zimmerman, J.), dated November 5, 2010, which, without a hearing, denied the petitions for the appointment of Verdele F. as the guardian of both of the subject children and, without a hearing, denied the motion of the subject children for the issuance of an order declaring that they are dependent on the Family Court and making specific findings that they are unmarried and under 21 years of age, that reunification with one or both of their parents is not viable due to parental abuse, neglect, abandonment , or a similar basis under state law, and that it would not be in their best interest to be returned to their previous country of nationality or last habitual residence, so as to enable them to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J).

ORDERED that the appeal by Verdele F. is dismissed as abandoned, without costs or disbursements; and it is further,

ORDERED that the order is reversed on the appeal by Ashley W. and Wrenggor W., on the law and the facts, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County, for a hearing and new determination thereafter on the petitions for guardianship, and, thereafter, a hearing and new determination on the motion for the issuance of an order making the requisite declaration and specific findings, if warranted.

Brother and sister Wrenggor W. and Ashley W. (hereinafter together the children) are natives of Haiti who are under 21 years of age and unmarried. Their childhood home was destroyed by last year's devastating earthquake, and the children have lived with their paternal aunt (hereinafter the aunt) and her husband (hereinafter the uncle) since March 2010. The children's parents remain in Haiti, where they have no means of support and are homeless.

On April 30, 2010, the aunt filed petitions seeking appointment as guardian of both children. Wrenggor, who had recently turned 18, consented to the proposed appointment ( see Family Ct. Act § 661[a] ), and the aunt maintains that the children's parents have also consented to both proposed appointments. Following a home study, a licensed social worker and licensed family therapist both opined that the aunt's home was a suitable placement for the children.

On August 31, 2010, both children moved for the issuance of an order making the requisite declaration and specific findings, so as to enable them to apply to the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). The petitions and motion were unopposed.

A background check directed by the Family Court reflects that the uncle pleaded guilty to endangering the welfare of a child...