Matter of Diane T. v. Shawn N., 2017 NY Slip Op 942 (N.Y. App. Div. 2017). · Go Syfert
Matter of Diane T. v. Shawn N., 2017 NY Slip Op 942 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Chirag C. v. Jaimie D. (nyappdiv, 2024-04-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Chirag C. v. Jaimie D.
N.Y. App. Div. · 2024 · confidence medium
Finally, the father failed to establish that the attorney for the child rendered ineffective assistance of counsel ( see Matter of Diane T. v Shawn N. , 147 AD3d 463, 463-464 [1st Dept 2017], lv denied 29 NY2d 896 [2017]).
discussed Cited as authority (rule) Matter of Elizabeth F. v. Wilfredo F.
N.Y. App. Div. · 2023 · confidence medium
The father's contention that the children received ineffective assistance of counsel is also unpreserved and, in any event, he failed to demonstrate the requisite extraordinary circumstances to support the claim ( see Matter of Diane [*2]T. v Shawn N. , 147 AD3d 463, 463 [1st Dept 2017], lv denied 29 NY3d 986 [2017]).
discussed Cited as authority (rule) Alevy v. Herz
N.Y. App. Div. · 2023 · confidence medium
The mother also failed to establish the requisite extraordinary circumstances to support her claim that the attorney for the child rendered ineffective assistance ( see Matter of Diane T. v Shawn N. , 147 AD3d 463, 463-464 [1st Dept 2017], lv denied 29 NY3d 986 [2017]).
discussed Cited "see, e.g." Matter of Rodriguez v. ACS-Kings
N.Y. App. Div. · 2019 · signal: see also · confidence low
The maternal grandmother's petitions failed to allege facts that would show the existence of ongoing relationships with the subject children sufficient to establish standing ( see Domestic Relations Law § 72[1]; Matter of Broomfield v Evans , 140 AD3d at 749 ; see also Matter of Diane T. v Shawn N. , 147 AD3d 463, 463 ).
Retrieving the full opinion text from the archive…
In the Matter of Diane T., Appellant,
v.
Shawn N. Et Al., Respondents
Appellate Division of the Supreme Court of the State of New York.
Feb 7, 2017.
2017 NY Slip Op 942
Friedman, Andrias, Moskowitz, Kapnick, Kahn.
Cited by 5 opinions  |  Published

Order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about March 4, 2016, which dismissed the petition for custody of the subject child, unanimously affirmed, without costs.

Petitioner, the subject child’s grandmother, contends that she has standing to seek custody and/or visitation pursuant to Domestic Relations Law § 72 (1) (which addresses grandparents’ standing to seek visitation). However, she failed to demonstrate “that conditions exist which equity would see fit to intervene [sic]” (id.; see Matter of Emanuel S. v Joseph E., 78 NY2d 178, 182-183 [1991]). Petitioner visited the child so infrequently that she was unable to demonstrate an existing relationship with him.

We note that the record demonstrates no “extraordinary circumstances” pursuant to Domestic Relations Law § 72 (2) (which addresses grandparents’ standing to seek custody).

In any event, petitioner failed to show that awarding her custody would be in the child’s best interests (see Eschbach v Eschbach, 56 NY2d 167, 170-171 [1982]; Matter of Antoinette McK. v Administration for Children’s Servs.-NYY, 107 AD3d 493 [1st Dept 2013], lv denied 22 NY3d 851 [2013]). In addition to the absence of a meaningful relationship between petitioner and the child (see Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]), the child was well bonded, loved, and cared for in the foster home, the only home he has ever known.

Contrary to petitioner’s argument, kinship relatives of parents whose rights have been terminated do not have and are not afforded any greater standing or interest with respect to custody of the child than the child’s foster parents (see Social Services Law § 383 [3]). Moreover, on this record, respondent agency, which had custody and guardianship of the child, supported the child’s foster parents as his adoptive resource and would not consent to adoption by petitioner (see Matter of Yary [Carol W.], 100 AD3d 200 [1st Dept 2012], lv denied 20 NY3d 1006 [2013]).

Petitioner failed to establish the requisite extraordinary circumstances to support her claim that her trial counsel and the attorney for the child rendered ineffective assistance of[*464] counsel (see Salvatore v Salvatore, 68 AD3d 966 [2d Dept 2009]). Notably, during the proceedings, the then two-year-old child was unable to articulate or exercise his own judgment. Thus, the attorney for the child properly substituted her judgment for her client’s in advocating for his best interests (see e.g. Matter of Alfredo J.T. v Jodi D., 120 AD3d 1138 [1st Dept 2014]).

Concur — Friedman, J.P., Andrias, Moskowitz, Kapnick and Kahn, JJ.