In re Julianna Victoria S.
Opinion of the Court
A preponderance of the evidence supports the finding that termination of the father’s parental rights is in the best interest of Julianna (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). The father failed to preserve his claim that a suspended judgment is warranted (see Matter of Omar Saheem Ali J. [Matthew J.], 80 AD3d 463 [2011]). In any event, that disposition is not appropriate, given that the father’s situation has not improved and that Julianna is thriving in the foster home where she lives with her sister and where her special needs are being met (id.).
The weight of the evidence supports the finding that it is in the children’s best interests to dismiss the great-aunt’s custody petitions (see Matter of Tiffany Malika B., 215 AD2d 200, 201 [1995], lv denied 86 NY2d 707 [1995]). The record shows that the children are thriving in the foster home where they have lived for most of their lives. By contrast, the children have had little, if any, relationship with the great-aunt, whom they have seen infrequently.
We have considered appellants’ remaining contentions and find them unavailing. Concur — Tom, J.E, Andrias, Acosta, Freedman and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.