Opinion
May 11, 1995
Appeal from the Family Court, New York County (Leah Marks, J.).
Contrary to respondent's contention, the court's determination at the dispositional hearing was properly based solely on the best interests of the child; there is no presumption that such interests will best be served by placement with the natural parent (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148), and no member of the child's extended biological family has any special right to custody (Matter of Peter L., 59 N.Y.2d 513, 520). A blood relative does not take precedence over a prospective adoptive parent selected by the authorized agency, and the fact that respondent's sister would be a good care-taker is not a sufficient reason to remove the child from the only home she has ever known and from a family with whom she had bonded (see, Matter of D. Children, 177 A.D.2d 393, appeal dismissed 79 N.Y.2d 911). The credible evidence supported the court's ruling that the child's best interests were served by allowing her adoption by the foster mother.
Concur — Murphy, P.J., Rubin, Ross, Williams and Tom, JJ.