Matter of Briceyda M. A. X. (Hugo R. A. O.--Maria H. X. C.) (2021 NY Slip Op 00180) Matter of Briceyda M. A. X. (Hugo R. A. O.--Maria H. X. C.) 2021 NY Slip Op 00180 Decided on January 13, 2021 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 January 13, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department WILLIAM F. MASTRO, A.P.J. SYLVIA O. HINDS-RADIX VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ. 2020-09235 (Docket Nos. G-07370-18, G-07371-18, G-07372-18) [*1]In the Matter of Briceyda M. A. X. (Anonymous), appellant. Hugo R. A. O. (Anonymous), respondent-respondent; Maria H. X. C. (Anonymous), nonparty-respondent. (Proceeding No. 1.) In the Matter of Ingrid C. A. X. (Anonymous), appellant. Hugo R. A. O. (Anonymous), respondent-respondent; Maria H. X. C. (Anonymous), nonparty-respondent. (Proceeding No. 2.) In the Matter of Dulce P. A. X. (Anonymous), appellant. Hugo R. A. O. (Anonymous), respondent-respondent; Maria H. X. C. (Anonymous), nonparty-respondent. (Proceeding No. 3.) Davis Polk & Wardwell LLP, New York, NY (Hannah B. Gerstenblatt and Corey M. Meyer of counsel), for appellants. Larry S. Bachner, Jamaica, NY, for respondent-respondent. Simpson Thacher & Bartlett LLP, New York, NY (Brooke E. Cucinella and Alison M. Sher of counsel), for nonparty-respondent. DECISION & ORDER In guardianship proceedings pursuant to Family Court Act article 6, the subject children appeal from an order of the Family Court, Queens County (Lauren Norton Lerner, Ct. Atty. Ref.), dated November 17, 2020. The order, after a hearing, denied the subject children's motions for the issuance of orders, inter alia, making specific findings so as to enable them to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). ORDERED that the order is reversed, on the facts, without costs or disbursements, the subject children's motions for the issuance of orders, inter alia, making specific findings so as to enable them to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J) are granted, and it is found that reunification of the subject children with their father is not viable due to parental abandonment and neglect and that it would not be in the best interests of the subject children to return to Guatemala, their previous country of nationality and last habitual residence. On April 11, 2018, the three subject children, Briceyda M. A. X., Ingrid C. A. X., and Dulce P. A. X., filed separate petitions pursuant to Family Court Act article 6 to have their mother appointed as their guardian. On July 18, 2018, the children separately moved for the issuance of orders declaring that they were dependent on the Family Court and making specific findings that they are unmarried and under 21 years of age, that reunification with their father was not viable due to ...
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