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MATTER OF FELICIA F. v. TETINA A.C.

Docket No. V-01512/19. Appeal No. 14314. Case No. 2020-04278.

198 A.D.3d 439 (2021)

152 N.Y.S.3d 319

2021 NY Slip Op 05396

In the Matter of Felicia F., Respondent, v. Tetina A.C., Appellant, et al., Respondent.

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

Decided October 7, 2021.

Attorney(s) appearing for the Case

Carol L. Kahn , New York, for appellant.

Kenneth M. Tuccillo , Hastings on Hudson, for respondent.

Karen Freedman , Lawyers for Children, Inc., New York ( Shirim Nothenberg of counsel), attorney for the child.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, J.T.

The mother argues that, even assuming petitioner showed the requisite extraordinary circumstances, i.e., a finding of unfitness, for granting custody to a non-parent (see Matter of Bennett v Jeffreys, 40 N.Y.2d 543 [1976]), it was still in the child's best interests to have supervised visitation with her, the mother. We find that the court's omission of a provision for such visitation...

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