Appellate Division of the Supreme Court of New York, 2011

Howard A.W. v. Nyah Vernell J.

Appellate Division of the Supreme Court of New York · Decided October 4, 2011

88 A.D.3d 733; 930 N.Y.2d 483

Cases that cite this one

3 later published cases cite this decision.

In re Julian T. (Appellate Division of the Supreme Court of New York 2011)
In re Gloria M. (Appellate Division of the Supreme Court of New York 2012)
In re Gloria M. (Appellate Division of the Supreme Court of New York 2012)

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

*734The “essential consideration” in the placement of children in a neglect proceeding and in making an award of custody is the best interests of the children, and the Family Court’s exercise of its discretion must have a sound and substantial basis in the record (Matter of Ramazan U., 303 AD2d 516, 517 [2003]; see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Reyes v Polanco, 83 AD3d 849, 850 [2011]; Matter of Daniel R. [Lucille R.], 70 AD3d 839, 842 [2010]). Under the totality of the circumstances, releasing the subject children to their respective fathers and granting the fathers custody of their children had a sound and substantial basis in the record and will not be disturbed.

The mother’s remaining contentions are without merit. Dillon, J.E, Eng, Sgroi and Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.