Matter of Anuar S. A. O. (Yari C. B. M.--Lizeth O. M.)
2023 NY Slip Op 03353
| N.Y. App. Div. | 2023Background
- Petitioner (a family friend) filed a Family Court Act article 6 proceeding in 2022 seeking appointment as guardian of the child.
- Petitioner also moved for an order making specific findings to enable the child to apply for Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J).
- Family Court dismissed the guardianship petition without a hearing and denied the SIJS-related motion, citing the absence of certified birth/death certificates.
- On appeal, the Appellate Division found no express statutory requirement to submit certified birth or death certificates under Family Court Act § 661(a).
- The Court reversed the dismissal, reinstated the petition, and remitted the matter for an expedited hearing and renewed rulings on the petition and the SIJS-related motion.
- The Court declined to consider other arguments raised for the first time on appeal.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Whether the Family Court properly dismissed the guardianship petition without a hearing for failure to submit certified birth/death certificates | Dismissal was improper because Fam Ct Act § 661(a) does not expressly require certified birth/death certificates; petitioner was entitled to a hearing on best interests | Court relied on lack of certified documents to dismiss without a hearing | Reversed: no express statutory requirement; petition reinstated and remitted for expedited hearing |
| Whether the Family Court properly denied petitioner’s motion seeking SIJS-specific findings without a hearing | Court should issue SIJS-related findings after a hearing; denial without hearing was premature | Denial justified by procedural defect (missing certified documents) | Reversed: remitted for the Family Court to consider the SIJS motion after an expedited hearing |
Key Cases Cited
- Matter of Linares-Mendez v Cazanga-Payes, 183 AD3d 738 (remand required where best-interest findings and proper hearing were not made)
- Matter of Olga L.G.M. v Santos T.F., 164 AD3d 1341 (reversal and remand where court failed to conduct hearing and consider child’s best interests)
- Matter of Rosa Amanda L.R. v Carlos Arnoldo O.R., 189 AD3d 1250 (no express statutory requirement to submit certified birth/death certificates under similar Family Court procedures)