In re Bianca B.

Appellate Division of the Supreme Court of New York

In re Bianca B.

97 A.D.3d 742, 947 N.Y.2d 911

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 18, 2012

StatusPublished

This text of 97 A.D.3d 742 (In re Bianca B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Bianca B., 97 A.D.3d 742, 947 N.Y.2d 911 (N.Y. Ct. App. 2012).

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Opinion

“[W]hen considering guardianship appointments, the infant’s best interests is paramount” (Matter of Alamgir A., 81 AD3d 937, 938 [2011]; see SCPA 1707 [1]; Matter of Ashley W. [Verdele F.], 85 AD3d 807, 809 [2011]; Matter of Trudy-Ann W. v Joan W., 73 AD3d 793, 794 [2010]).

Here, the record does not show that the subject child’s best interests would be served by transferring guardianship from the child’s parents to the petitioner, her grandmother. Accordingly, the Family Court improvidently exercised its discretion in grant[743]*743ing the petition for guardianship (see Matter of Diego F. [Magno V.], 84 AD3d 1373 [2011]; Matter of Proios, 111 Misc 2d 252, 253 [1981]; compare Matter of Alamgir A., 81 AD3d at 938; Matter of Trudy-Ann W. v Joan W., 73 AD3d at 794). Rivera, J.P., Eng, Lott and Miller, JJ, concur.

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“[W]hen considering guardianship appointments, the infant’s best interests is paramount” (Matter of Alamgir A., 81 AD3d 937, 938 [2011]; see SCPA 1707 [1]; Matter of Ashley W. [Verdele F.], 85 AD3d 807, 809 [2011]; Matter of Trudy-Ann W. v Joan W., 73 AD3d 793, 794 [2010]).

Here, the record does not show that the subject child’s best interests would be served by transferring guardianship from the child’s parents to the petitioner, her grandmother. Accordingly, the Family Court improvidently exercised its discretion in grant[743]*743ing the petition for guardianship (see Matter of Diego F. [Magno V.], 84 AD3d 1373 [2011]; Matter of Proios, 111 Misc 2d 252, 253 [1981]; compare Matter of Alamgir A., 81 AD3d at 938; Matter of Trudy-Ann W. v Joan W., 73 AD3d at 794). Rivera, J.P., Eng, Lott and Miller, JJ, concur.

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Bluebook (online)

97 A.D.3d 742, 947 N.Y.2d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bianca-b-nyappdiv-2012.

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