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MATTER OF ALBERT T.

Docket No. V-31909-19/21B. Appeal No. 15378. Case No. 2021-02524.

202 A.D.3d 643 (2022)

159 N.Y.S.3d 857

2022 NY Slip Op 01262

In the Matter of Albert T., Respondent; Shaquana M., Respondent. The Children's Law Center, on Behalf of Kasey T., Nonparty Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), for appellant.

Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for Albert T., respondent.

Bruce A. Young, Brooklyn, for Shaquana M., respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

The court failed to inquire into the child's best interests in granting the petition for habeas corpus to enforce a March 2021 order awarding the father sole legal custody and primary residential custody of the child (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]). Based on the grave concerns expressed by the mother's counsel and the attorney for the child about whether the father was a suitable guardian, the court appropriately...

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