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In re Isaiah T. F.-C. (Anonymous)

Supreme Court of New York, Second Department

October 23, 2013

In the Matter of Isaiah T. F.-C. (Anonymous). Administration for Children's Services, petitioner- respondent; and Charisse F. (Anonymous), respondent; D'Juan C. (Anonymous), nonparty-appellant. Docket No. N-1147-07)

Zvi Ostrin, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Dona B. Morris of counsel), for petitioner- respondent.

Steven C. Bernstein, Brooklyn, N.Y., attorney for the child.

PETER B. SKELOS, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, the nonparty father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Yuskevich, Ct. Atty. Ref.), dated May 10, 2011, as, after a permanency hearing, changed the permanency goal from reunification with the mother to placement for adoption.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

We note that the father, who participated in the proceeding, had standing to contest the order, inter alia, changing the permanency goal from reunification with the mother to placement for adoption (see Family Ct Act § 1055[b][iii]; Matter of Devonna O., 31 A.D.3d 766).

The petitioner met its burden of establishing, by a preponderance of the evidence, that a plan to change the permanency goal to adoption was in the subject child's best interests (see Matter of Michael D. [ Antionette R. ], 71 A.D.3d 1017, 1018; Matter of Amber B., 50 A.D.3d 1028, 1029; Matter of Devonna O., 31 A.D.3d 766; Matter of Amanda C., 309 A.D.2d 744). Accordingly, the Family Court's determination to approve a permanency goal of adoption has a sound and substantial basis in the record (see Matter of Michael D. [ Antionette R. ], 71 A.D.3d at 1018; Matter of Devonna O., 31 A.D.3d 766; Matter of Amanda C., 309 A.D.2d 744), and we decline to disturb that determination.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.


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