Legal Updates

July 18 (New F&F Decision):
In re Bianca B., - N.Y.S.2d -, 2012 N.Y. Slip Op. 05629 (2d Dept., July 18, 2012) (citing Matter of Proios, the Appellate Division reversed a guardianship order and held that the "Family Court improvidently exercised its discretion in granting the petition for guardianship," since the record did not show that child's best interests would be served) (Christie R. Jacobson, Esq., of counsel).

The Second Department reversed the Nassau County Family Court's decision to grant a guardianship petition, and dismissed the guardianship action brought by Carrie A. for guardianship of her granddaughter, Bianca B. Back on September 14, 2011, the Family Court had granted the petition assigning permanent guardianship to Carrie A., despite the intervenor Great Neck Union Free School District's opposition on the grounds that the petition was intended for the improper purpose of enrolling the child in the Great Neck School District. On appeal, and throughout this case, the District argued that guardianship should be denied because, inter alia, it was intended solely to promote the educational wishes of Carrie A., Bianca B. and her parents, to the District's detriment. See Matter of Diego F. [ Magno V.], 84 AD3d 1373; Matter of Proios, 111 Misc.2d 252, 253. In its decision, the Appellate Division held that "the Family Court improvidently exercised its discretion in granting the petition for guardianship." Id. The Appellate Division also found that "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." Id., (citing Matter of Diego F. [ Magno V.], 84 AD3d 1373; Matter of Proios, 111 Misc.2d 252, 253). Therefore, the Appellate Division reversed the guardianship order - both "on the facts and in the exercise of discretion," - denied the guardianship petition, and dismissed the entire guardianship proceeding.
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For further information on earlier updates, or if you have questions about any of the above items, please email info@ffedlaw.com.

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