Legal Opinion

In re Bianca B.

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 2012Published

1Opinion of the Court

“[W]hen considering guardianship appointments, the infant’s best interests is paramount” (Matter of Alamgir A., 81 AD3d 937, 938 [2011]; see SCPA 1707 [1]; Matter of Ashley W. [Verdele F.], 85 AD3d 807, 809 [2011]; Matter of Trudy-Ann W. v Joan W., 73 AD3d 793, 794 [2010]).

Here, 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. Accordingly, the Family Court improvidently exercised its discretion in grant*743ing the petition for guardianship (see Matter of Diego F. [Magno V.],…

2Cases cited5 opinions

  1. Trudy-Ann W. v. Joan W.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Alamgir A.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Ashley W.Appellate Division of the Supreme Court of the State of New York · 2011
  4. In re Diego F. Magno V.Appellate Division of the Supreme Court of the State of New York · 2011
  5. In re ProiosNew York Surrogate's Court · 1981

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