Veronica G.-M. v. Monroe County Department of Human & Health Services
Cases that cite this one
11 later published cases cite this decision.
- Matthew E. v. Erie County Department of Social Services (Appellate Division of the Supreme Court of New York 2007)
- Matter of Robert L. v. Jefferson County Dept. of Social Servs. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Sandy L.S. v. Onondaga County Dept. of Children & Family Servs. (Appellate Division of the Supreme Court of New York 2020)
- S., VELVIA, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- Velvia S. v. Carrie L. (Appellate Division of the Supreme Court of New York 2016)
- Velvia S. v. Carrie L. (Appellate Division of the Supreme Court of New York 2016)
- W., ANGELLYNN S.H., MTR. OF (Appellate Division of the Supreme Court of New York 2012)
- Charles V. v. Vivian N.V. (Appellate Division of the Supreme Court of New York 2012)
- Joyce A.S. v. Amber L.M. (NYC Family Court 2010)
- A.B. v. D.W. (NYC Family Court 2007)
- Matter of A.B. v. D.W. (Monroe Family Court 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: The Monroe County Department of Human and Health Services (Department) appeals from an order that, inter alia, dismissed the petition seeking to terminate the parental rights of Tiffany J. with respect to her son and daughter and granted the petition of Veronica G.-M., the daughter’s paternal great aunt, seeking custody of the daughter. We reject the Department’s contention that Family Court erred in considering that custody petition during the dispositional hearing. Where, as here, a relative who is not a parent of the child at issue petitions for custody of the child during the pendency of a permanent neglect proceeding, “the custody petition should be ‘considered ... in the context of a dispositional hearing conducted on the underlying permanent neglect petition’ wherein the court will determine the best interests of the child[ ]” (Matter of Karen A.O. v Child Protective Servs., 6 AD3d 1100, 1100-1101 [2004]; see Matter of Carl G. v Oneida County Dept. of Social Servs., 24 AD3d 1274, 1275 [2005]). We reject the Department’s further contention that the court erred in determining the issue of custody of the daughter. Veronica G.M., a relative who is not a parent of the daughter, did not have a greater right to custody than the adoptive parents selected by the Department, who were at that time the daughter’s foster parents (see Matter of Violetta K. v Mary K., 306 AD2d 480, 481 [2003]; Matter of Tiffany Malika B., 215 AD2d 200, 201 [1995], lv denied 86 NY2d 707 [1995]). Nevertheless, the record supports the court’s determination that it is in the daughter’s best interests to be placed in the custody of Veronica G.-M. rather than to commit the guardianship and custody of the daughter to the Department, whereupon the child would be available for adoption by the foster parents. In view of the court’s award of
Case-law data current through September 30, 2026. Source: CourtListener bulk data.