IN RE: Najaf D. (Anonymous). Administration for Children's Services (2011)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Najaf D. (Anonymous). Administration for Children's Services, petitioner- respondent; Kizwana M. (Anonymous), respondent- respondent; Doreen D. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Najad D. (Anonymous). Administration for Children's Services, petitioner- respondent; Kizwana M. (Anonymous), respondent- respondent; Doreen D. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nadra D. (Anonymous). Administration for Children's Services, petitioner- respondent; Kizwana M. (Anonymous), respondent- respondent; Doreen D. (Anonymous), appellant. (Proceeding No. 3)

2010–02674 (Docket Nos. N–35544 /06, N–35545 /06, N–35546 /06, N–33179 /07)

Decided: May 17, 2011

REINALDO E. RIVERA, J.P. PETER B. SKELOS ANITA R. FLORIO LEONARD B. AUSTIN, JJ.

Larry S. Bachner, Jamaica, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Larry A. Sonnenshein of counsel), for petitioner-respondent.

Argued—April 28, 2011

DECISION & ORDER

Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the children.

In related neglect proceedings pursuant to Family Court Act article 10, Doreen D., the paternal grandmother of the subject children, appeals, as limited by her brief, from so much of an order of the Family Court, Kings County (Elkins, J.), dated February 18, 2010, as granted that branch of the motion of the attorney for the children which was for a forensic examination of her.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Although forensic examinations should not be ordered in every case (see Matter of Pappas v. Kells, 77 AD3d 952, 954), the Family Court providently exercised its discretion in concluding that the circumstances of this case warrant a forensic examination of the appellant to aid in its determination as to whether custody of the subject children should be awarded to her (see Family Ct Act § 251; Stern v. Stern, 225 A.D.2d 540; cf. Matter of Womack v. Jackson, 30 AD3d 433; Matter of Gonzalez v. Gonzalez, 15 AD3d 481, 483–484).

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network