Matter of Joel A. A. R. (Eddy A. A. G.) (2023 NY Slip Op 02881) Matter of Joel A. A. R. (Eddy A. A. G.) 2023 NY Slip Op 02881 Decided on May 31, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on May 31, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department FRANCESCA E. CONNOLLY, J.P. VALERIE BRATHWAITE NELSON CHERYL E. CHAMBERS HELEN VOUTSINAS, JJ. 2022-09152 2022-09153 2022-09154 (Docket No. G-3353-22) [*1]In the Matter of Joel A. A. R. (Anonymous). Sara I. R. T. (Anonymous), appellant; Eddy A. A. G. (Anonymous), respondent. Bruno J. Bembi, Hempstead, NY, for appellant. DECISION & ORDER In a guardianship proceeding pursuant to Family Court Act article 6, the mother appeals from three orders of the Family Court, Nassau County (Sharon N. Clarke, Ct. Atty. Ref.), all dated October 24, 2022. The first order dismissed, without a hearing, the petition to appoint the mother as guardian of the subject child. The second order denied the mother's motion to dispense with service on the father. The third order denied the mother's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). ORDERED that the orders are reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements, the petition to appoint the mother as guardian of the subject child is reinstated and granted, the mother is appointed as the guardian of the subject child, the mother's motion to dispense with service on the father is granted, the mother's motion for the issuance of an order, inter alia, making specific findings so as to enable the subject child to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J) is granted, it is declared that the subject child is dependent on a juvenile court, and it is found that the subject child is unmarried and under 21 years of age, that reunification with his father is not viable due to parental abandonment, and that it would not be in his best interests to be returned to Honduras, his previous country of nationality and last habitual residence. In 2022, the mother commenced this proceeding pursuant to Family Court Act article 6 to be appointed as the guardian of the subject child, who allegedly was born in 2003 in Honduras. Thereafter, the mother moved to dispense with service upon the father, who allegedly was in Honduras. She also moved for the issuance of an order declaring that the child was dependent on the Family Court and making specific findings that the child is unmarried and under 21 years of age, that reunification …
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