MATTER OF BENITEZ v. Llano

Memorandum. The order of the Appellate Division should be affirmed, without costs.

Due to the concurrence of circumstances described in the opinion at the Family Court and the delays, for whatever reasons, in prosecuting this custody proceeding, the infant is within months of attaining his legal maturity, and, therefore, the legal right to choose where and with whom he will live. It would be bootless and cruel to change his custody at this time. Under the circumstances the principles applicable to children of more tender years may not be blindly applied (cf. Matter of Spence-Chapin Adoption…