Matter of Jose S. S. G. (Norma C. G. C.)


Matter of Jose S. S. G. (Norma C. G. C.) (2023 NY Slip Op 03350) Matter of Jose S. S. G. (Norma C. G. C.) 2023 NY Slip Op 03350 Decided on June 21, 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 June 21, 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. 2022-09155 2022-09156 2022-09157 2022-09158 (Docket Nos. G-671-22, G-672-22) [*1]In the Matter of Jose S. S. G. (Anonymous). Elmer W. G. G. (Anonymous), appellant; Norma C. G. C. (Anonymous), respondent. (Proceeding No. 1.) In the Matter of Kevin F. S. G. (Anonymous). Elmer W. G. G. (Anonymous), appellant; Norma C. G. C. (Anonymous), respondent. (Proceeding No. 2.) Bruno J. Bembi, Hempstead, NY, for appellant. DECISION & ORDER In related guardianship proceedings pursuant to Family Court Act article 6, the petitioner appeals from four orders of the Family Court, Nassau County (Sharon N. Clarke, Ct. Atty. Ref.), all dated October 24, 2022. The first order, after a hearing, dismissed the petition to appoint the petitioner as the guardian of the child Kevin F. S. G. The second order denied the petitioner's motion for the issuance of an order, inter alia, making specific findings so as to enable the child Kevin F. S. G. to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). The third order, after a hearing, dismissed the petition to appoint the petitioner as the guardian of the child Jose S. S. G. The fourth order denied the petitioner's motion for the issuance of an order, inter alia, making specific findings so as to enable the child Jose S. S. G. 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 and the facts, without costs or disbursements, the petitions to appoint the petitioner as guardian of the subject children are reinstated and granted, the petitioner is appointed as the guardian of the subject children, the petitioner's motions for the issuance of orders, inter alia, making specific findings so as to enable the subject children to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J) are granted, it is declared that the subject children are dependent on a juvenile court, and it is found that the subject children are unmarried and under 21 years of age, that reunification with their father is not viable due to parental abuse, neglect, abandonment, or a similar basis found under state law, and that it would not be in their best interests to be returned to El Salvador, their previous country of nationality and last habitual …

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