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MATTER OF LANDYN M.

2443.

145 A.D.3d 520 (2016)

2016 NY Slip Op 08322

43 N.Y.S.3d 318

In the Matter of LANDYN M., and Infant. LAQUANNA W., Appellant; JEWISH CHILD CARE ASSOCIATION OF NEW YORK, Respondent.

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

Decided December 13, 2016.

We decline to reach respondent's argument, advanced for the first time on appeal, that the Indian Child Welfare Act of 1978 (ICWA) applies to the child. Were we to consider this argument, we would find that respondent has failed to show that she or the child is a member or is eligible for membership in an Indian Tribe such that the ICWA would apply (see 25 USC § 1903[4]; Matter of Cain Keel L. [Derzerina L.], 78 A.D.3d 541

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