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MATTER OF LUZ S.

62 A.D.3d 595 (2009)

879 N.Y.S.2d 438

In the Matter of EVELYSE LUZ S., an Infant. JOSE S., Appellant; ST. DOMINIC'S HOME, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 26, 2009.

The evidence did not support a finding that it was in the child's best interests to be adopted by the foster mother, and the matter should be remanded for a new hearing. The record shows that the child's paternal grandmother is 50 years old and lives in a stable home, which was certified as a suitable kinship foster home. The grandmother cared for the child shortly after birth and the only reason the child was taken from her was...

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