| Matter of Bianca R. (Anne Marie S.) |
| 2012 NY Slip Op 00468 [91 AD3d 560] |
| January 26, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Bianca R. and Another, Infants. Anne Marie S.,
Appellant; Commissioner of Social Services of the City of New York, Respondent. In the Matter
of Giselle S., Petitioner, and Carmelo R., Jr., Respondent, v Ann Marie S., Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for
Commisioner of Social Services of the City of New York, respondent.
Anne Reiniger, New York, for Carmelo R., Jr., respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for
the child Brianna R.
Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about August 23, 2010, which awarded custody of Brianna R. to her father and stepmother, unanimously affirmed, without costs. Appeal from order, insofar as it awarded custody of Bianca R., unanimously withdrawn in accordance with the stipulation of the parties.
The court properly considered the relevant factors when it determined that it was in the child's best interests to award custody to the father and stepmother. The court found that they had provided the child with structure and a stable home environment, where she was thriving (see Eschbach v Eschbach, 56 NY2d 167, 172-173 [1982]). The 11-year old child's preference [*2]to return to respondent mother, although a factor to be considered, is not dispositive (see Matter of Cresean W., 55 AD3d 420, 420-421 [2008]).
The court's determination had a sound and substantial basis in the record. Although respondent appears to have made progress, she failed to demonstrate that she has overcome the problems which led to the child's removal from her home. Neither respondent's therapist nor the court-appointed expert recommend that the child be returned to respondent. Concur—Mazzarelli, J.P., Saxe, Catterson, Acosta and RomÁn, JJ.