Matter of Victor R. C. O. v Canales (2019 NY Slip Op 03789) Matter of Victor R. C. O. v Canales 2019 NY Slip Op 03789 Decided on May 15, 2019 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 May 15, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department RUTH C. BALKIN, J.P. JOHN M. LEVENTHAL SHERI S. ROMAN FRANCESCA E. CONNOLLY, JJ. 2018-13451 (Docket No. G-2840-18) [*1]In the Matter of Victor R. C. O. (Anonymous), appellant; vJuan Angel Canales, et al., respondents. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY (Eliza M. Scheibel and Joseph Francoeur of counsel), and Safe Passage Project, New York, NY (Stephanie Gibbs of counsel), for appellant (one brief filed). DECISION & ORDER In a guardianship proceeding pursuant to Family Court Act article 6, the subject child appeals from an order of the Family Court, Nassau County (Eileen C. Daly-Sapraicone, J.), dated August 30, 2018. The order, after a hearing, denied the child's motion for the issuance of an order, inter alia, making specific findings so as to enable him to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J). ORDERED that the order is reversed, on the facts, without costs or disbursements, the motion of the subject child for the issuance of an order, inter alia, making specific findings so as to enable him to petition the United States Citizen and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J) is granted, and it is found that reunification of the child with one or both of his parents is not viable due to parental neglect and that it would not be in the best interests of the child to return to Honduras, his previous country of nationality and last habitual residence. In March 2018, Victor R. C. O. (hereinafter the child) commenced this proceeding pursuant to Family Court Act article 6 to have his brother appointed as his guardian for the purpose of obtaining an order declaring that the child is dependent on the Family Court and making specific findings so as to enable him to petition the United States Citizenship and Immigration Services for special immigrant juvenile status (hereinafter SIJS) pursuant to 8 USC § 1101(a)(27)(J). Thereafter, the child moved for the issuance of an order making the requisite declaration and specific findings so as to enable him to petition for SIJS. In an order dated August 15, 2018, the Family Court granted the guardianship petition. In an order dated August 30, 2018, made after a hearing, the court found that the child was under 21 years of age, unmarried, and dependent on the court, but denied the child's motion on the ground that he failed to establish that reunification with one or both of ...
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