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MATTER OF ALBERTINA C. v. KIM C.

Docket No. V-06582/18, Appeal No. 16077, Case No. 2021-03028.

206 A.D.3d 423 (2022)

167 N.Y.S.3d 780

2022 NY Slip Op 03681

In the Matter of Albertina C., Appellant, v. Kim C. et al., Respondents, et al., Respondent.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Steven N. Feinman , White Plains, for appellant.

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for Kim C., respondent.

Magovern & Sclafani, Mineola ( Frederick J. Magovern of counsel), for Catholic Guardian Society, respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Diane Pazar of counsel), attorney for the child.

Concur—Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

"A grandparent has no preemptive statutory or constitutional right to custody surpassing that of persons who might be selected by the agency as suitable adoptive parents" (Matter of Geneva B. v Administration for Children's Servs., 73 A.D.3d 406, 406 [1st Dept 2010]). Here, the court properly found that it was not in the child's best interests to award the grandmother custody. The grandmother's unsuitability as a custodian for the...

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