IN RE: JUSTIN D. (2024)

Order, Family Court, New York County (Jacob K. Maeroff, R.), entered on or about March 8, 2024, which, after a hearing, granted petitioner's petition for sole legal and physical custody of the subject child, unanimously affirmed, without costs.

Family Court properly found that petitioner, who was not related to the subject child, established extraordinary circumstances (see Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544, 387 N.Y.S.2d 821, 356 N.E.2d 277 [1976]).  Petitioner consistently testified that respondent mother left the child in his care when the child was only four months old, along with a bag containing the child's identification information, and that the mother has had only sporadic contact with the child since then (see Matter of Michaellica Lee W., 106 A.D.3d 639, 640, 965 N.Y.S.2d 504 [1st Dept 2013];  see also Matter of Cade v. Roberts, 141 A.D.3d 583, 84, 34 N.Y.S.3d 595 [2d Dept 2016]).  Petitioner's unrebutted testimony establishes that he has since provided for all of the child's needs, financially and otherwise (see Matter of Cade, 141 A.D.3d at 585, 34 N.Y.S.3d 595.).  The mother did not seek to have the child returned to her care until nearly two and a half years after these proceedings began (see Matter of Michaellica Lee W., 106 A.D.3d at 640, 965 N.Y.S.2d 504).  There exists no basis to disturb the court's credibility determinations (see Matter of Caleesta S. [Daphne M.], 200 A.D.3d 504, 155 N.Y.S.3d 88 [1st Dept 2021]).

The record supports the finding that it is in the child's best interest to be in petitioner's custody (see Matter of Ruth L. v. Clemese Theresa J., 104 A.D.3d 554, 555, 961 N.Y.S.2d 413 [1st Dept 2013], lv denied 21 N.Y.3d 860, 971 N.Y.S.2d 81, 993 N.E.2d 759 [2013]).  The evidence establishes that petitioner has provided a safe and stable home for the child over the last several years (see Lenora D. v. Richard J.R., 176 A.D.3d 432, 107 N.Y.S.3d 670 [1st Dept 2019]).