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Chaya S. v. Frederick Herbert L.

284 A.D.2d 335 Court N.Y. App. Div. Decision date 2001-06-04 English

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p. 335
In the Matter of Chaya S., Also Known as Chaya M. A., Appellant, v Frederick Herbert L. et al., Respondents.
[725 NYS2d 576]

—In a proceeding for child visitation by Chaya S. based on her status as the biological mother of the subject child, the petitioner, Chaya S., appeals from a decree of the Surrogate’s Court, Queens County (Nahman, S.), dated December 14, 2000, which, after a hearing and evaluations of the parties by a mental health professional, dismissed the proceeding.

Ordered that the decree is affirmed, without costs or disbursements.

The determination of the Surrogate’s Court that the best interests of the now 14-year-old child will not be served by granting the appellant, the child’s biological mother, post-adoption visitation, is supported by the record. Thus, it will not be disturbed on appeal (see, Gilman v Gilman, 263 AD2d 496 ).

The appellant’s remaining contentions are without merit.

p. 336
In light of our determination, it is not necessary to determine the impact of Troxel v Granville ( 530 US 57 ) on this case. O’Brien, J. P., Altman, Luciano and Adams, JJ., concur.

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