Matter of Rita T. v Commissioner of Admin. for Children's Servs. of City of N.Y.

Matter of Rita T. v Commissioner of Admin. for Children's Servs. of City of N.Y. 2008 NY Slip Op 02025 [49 AD3d 327] March 11, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 14, 2008

In the Matter of Rita T., Appellant,
v
Commissioner of Administration for Children's Services of the City of New York, Respondent.

—[*1] Kenneth M. Tuccillo, Hastings-On-Hudson, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York City (Judith Stern of counsel), Law Guardian.

Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about October 11, 2005, which, after a hearing, denied petitioner's application for custody of the subject children, unanimously affirmed, without costs.

The court's determination that it was in the best interests of the children to deny custody to petitioner, their maternal grandmother, was amply supported by the record evidence, including the positive environment provided by the foster mother, who had cared for the children for the majority of their lives and tended to their special needs, and her stated desire to adopt the children (see Matter of Luz Maria V., 23 AD3d 192 [2005], lv denied 6 NY3d 710 [2006]). Further, petitioner visited the children infrequently and was unaware of their needs. Previously, the Family Court had made a finding of neglect against her with regard to two of the children. Petitioner also admitted that rather than permanently caring for the children, she hoped to return them to their mother, whose parental rights to the children were terminated following a finding of permanent neglect. [*2]

We have considered petitioner's remaining contentions and find them unavailing. Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.