Matter of Joseph A.

Full title: In the Matter of JOSEPHA A. et al. LAWRENCE H. et al., Appellants

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

Date published: Apr 12, 1999

260 A.D.2d 475 (N.Y. App. Div. 1999)

686 N.Y.S.2d 330

Opinion

April 12, 1999

Appeal from the Family Court, Queens County (Berman, J.).

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Queens County, for a hearing on the petition; and it is further,

Ordered that prior to the hearing, the Family Court, Queens County, shall appoint a Law Guardian to represent the children and shall direct a forensic evaluation of the petitioners and the children.

There are significant factors both in favor of and against the granting of this adoption petition which were not adequately considered by the Family Court. Consequently, we reverse and remit the matter to the Family Court for a hearing on the merits of this petition. In conjunction with the hearing, we direct the Family Court to appoint a Law Guardian to represent the children, pursuant to Family Court Act § 249 (a), and to direct a forensic evaluation of the petitioners and the children, pursuant to Family Court Act § 251.

Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.