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In the Matter of Pleasant Edward G

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 2002
299 A.D.2d 358 (N.Y. App. Div. 2002)

Opinion

2001-06068

Submitted October 7, 2002.

November 4, 2002.

In a guardianship proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Dutchess County (Forman, J.), entered June 1, 2001, which, after a hearing, denied her petition for guardianship of her grandson.

Gerard Wallace, West Hurley, N.Y., for appellant.

Ian G. MacDonald, County Attorney, Poughkeepsie, N.Y. (Janet V. Tullo of counsel), for respondent Dutchess County Department of Social Services.

Campanaro Tomkovitch, Hopewell Junction, N.Y. (Michael J. Tomkovitch of counsel), for respondent Wade A. and Vanessa A.

Before: NANCY E. SMITH, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The record provides a sound and substantial basis for the Family Court's conclusion that it was in the child's best interests to remain in the custody of the foster parents (see Matter of Coles v. Sobers, 259 A.D.2d 543, 544; Matter of LaCross, 124 A.D.2d 870, 871). The evidence established that the child is doing well with his foster family and that any change would be unnecessarily disruptive to him. The Family Court's decision reveals that it considered the totality of the circumstances, and not merely the fact that the child has resided with his foster family for almost his entire life (see Matter of Charles C. v. Barbara M., 254 A.D.2d 778).

The petitioner's remaining contentions are without merit.

SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.


Summaries of

In the Matter of Pleasant Edward G

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 2002
299 A.D.2d 358 (N.Y. App. Div. 2002)
Case details for

In the Matter of Pleasant Edward G

Case Details

Full title:IN THE MATTER OF PLEASANT EDWARD G. (ANONYMOUS). BARBARA S., appellant…

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

Date published: Nov 4, 2002

Citations

299 A.D.2d 358 (N.Y. App. Div. 2002)
749 N.Y.S.2d 176

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