Matter of Juan R.E.M. (Juan R.E.)

Matter of Juan R.E.M. (Juan R.E.) (2017 NY Slip Op 06977) Matter of Juan R.E.M. (Juan R.E.) 2017 NY Slip Op 06977 Decided on October 4, 2017 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 October 4, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department RUTH C. BALKIN, J.P. JOSEPH J. MALTESE BETSY BARROS FRANCESCA E. CONNOLLY, JJ. 2017-09396 (Docket No. G-7358-16) [*1]In the Matter of Juan R.E.M. (Anonymous). andJuan R.E. (Anonymous), appellant. Harold A. Solis, New York, NY (Leah Glowacki of counsel), for appellant. DECISION & ORDER Appeal from an order of the Family Court, Suffolk County (George F. Harkin, J.), dated August 23, 2017. The order denied the father's motion to amend a prior special findings order of that court dated December 7, 2016, in accordance with a "Request for Evidence" received from the United States Citizenship and Immigration Services in connection with the subject child's petition for special immigrant juvenile status. ORDERED that the order dated August 23, 2017, is reversed, on the facts, without costs or disbursements, and the father's motion to amend the special findings order dated December 7, 2016, is granted to the extent of (1) deleting from the third numbered paragraph thereof the words "or has been committed to or placed in the custody of a state agency or department, or an individual or entity appointed by the state or Family Court," and substituting therefor the words "since the Family Court granted the guardianship petition in this proceeding pursuant to Family Court Act § 661(a) and the child is under 21 years of age, which constitutes the necessary declaration of dependency on a juvenile court (see Matter of Enis A.C.M. [Carlos V.C.P.], 152 AD3d 690, 691)"; (2) deleting from the fourth numbered paragraph thereof the name "Veronica," and substituting therefor the name "Juan"; (3) adding to the fourth numbered paragraph thereof, after the words "of at least ten years," the words "(see Social Services Law § 384-b[5][a])"; (4) adding to the fifth numbered paragraph thereof, after the words "removed from the United States," the words ", where he has lived for more than 10 years,"; and (5) adding to the fifth numbered paragraph thereof, after the words "of his birth parent or parents," the words "because the mother is unable to protect the child from harm by gang members in El Salvador, who had made specific threats of violence against the child's sister (see Matter of Carlos A.M. v Maria T.M., 141 AD3d 526, 528-529)," and the motion is otherwise denied. In April 2016, Juan R. E. M. (hereinafter the child) filed a petition pursuant to Family Court Act article 6 to have his father appointed as his guardian for the purpose of obtaining an order declaring that he is dependent on the Family Court and making specific findings that he ...

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