Appellate Division of the Supreme Court of New York, 2001

Chaya S. v. Frederick Herbert L.

Chaya S. v. Frederick Herbert L.
Appellate Division of the Supreme Court of New York · Decided June 4, 2001
284 A.D.2d 335; 725 N.Y.S.2d 576; 2001 N.Y. App. Div. LEXIS 5616
Chaya S. v. Frederick Herbert L.

Opinion of the Court

—In a proceeding for child visitation by Chaya S. based on her status as the biological mother of the subject child, the petitioner, Chaya S., appeals from a decree of the Surrogate’s Court, Queens County (Nahman, S.), dated December 14, 2000, which, after a hearing and evaluations of the parties by a mental health professional, dismissed the proceeding.

Ordered that the decree is affirmed, without costs or disbursements.

The determination of the Surrogate’s Court that the best interests of the now 14-year-old child will not be served by granting the appellant, the child’s biological mother, post-adoption visitation, is supported by the record. Thus, it will not be disturbed on appeal (see, Gilman v Gilman, 263 AD2d 496).

The appellant’s remaining contentions are without merit.

*336In light of our determination, it is not necessary to determine the impact of Troxel v Granville (530 US 57) on this case. O’Brien, J. P., Altman, Luciano and Adams, JJ., concur.

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