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MATTER OF ALBERTINA C. v. ADMINISTRATION FOR CHILDREN'S SERVICES

14212.

125 A.D.3d 483 (2015)

In the Matter of ALBERTINA C., Appellant, v. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 17, 2015.

There is no presumption that it is in a child's best interest for custody to be awarded to a relative, and the sole issue in a custody proceeding is the best interests of the child (see Domestic Relations Law § 72 [2] [a]; Family Ct Act § 631; Matter of Star Leslie W., 63 N.Y.2d 136, 147-148 [1984]). The court properly found that it was not in the child's best interests to award the grandmother custody because the...

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