Opinion
2011-11-9
In the Matter of REECE R. (Anonymous).Desiree A.M. (Anonymous), et al., petitioners-respondents,Jeanette W. (Anonymous), appellant;Orange County Department of Social Services, nonparty-respondent.
Meth Law Offices, P.C., Chester, N.Y. (Michael D. Meth of counsel), for appellant.Jonathan R. Sennett, P.C., Kingston, N.Y., for petitioners-respondents.David L. Darwin, County Attorney, Goshen, N.Y. (Christine Foy–Stage of counsel), for nonparty-respondent.Gary E. Eisenberg, New City, N.Y., attorney for the child.
In a guardianship proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Orange County (Bivona, J.), dated August 27, 2010, which granted the petition, awarded guardianship of the subject child to the petitioners, Desiree A.M. and Charles M., the child's maternal aunt and uncle, respectively, and directed that her visitation with the subject child be supervised by the petitioners.
ORDERED that the order is affirmed, without costs or disbursements.
In light of the respective positions of the parties in the guardianship proceeding and the evidence presented at the hearing, the Family Court properly granted the petition for guardianship ( cf. Family Ct. Act §§ 661, 1089–a).
The Family Court providently exercised its discretion in determining that, initially, the mother's visitation with the subject child should be supervised ( see Matter of Pope v. Pope, 12 A.D.3d 516, 783 N.Y.S.2d 870; Matter of Kachelhofer v. Wasiak, 10 A.D.3d 366, 780 N.Y.S.2d 290; Matter of Amanda H. v. Paul Robert W., 251 A.D.2d 578, 674 N.Y.S.2d 773).
The mother's remaining contentions are without merit.
MASTRO, J.P., BALKIN, CHAMBERS and LOTT, JJ., concur.