Matter of Eriseldo C., 2023 NY Slip Op 03209 [217 AD3d 512]
June 13, 2023
Appellate Division, First Department
[*1]
In the Matter of Eriseldo C., a Child Alleged to be Neglected. Rezart V., Appellant,
v
Dashmir C. et al., Respondents.
Turturro Law, P.C., Brooklyn (Natraj S. Bhushan of counsel), for appellant.
Order, Family Court, Bronx County (Aija M. Tingling, J.), entered on or about May 20, 2021, which denied petitioner and the subject child’s motion for an order of special findings enabling the child to petition for Special Immigrant Juvenile Status, unanimously reversed, on the law and the facts, without costs, and the motion granted nunc pro tunc.
The evidence shows that the subject child was unmarried, under the age of 21, and dependent on a juvenile court at the time of the special findings order ( see generally 8 USC § 1101 [a] [27] [J]; 8 CFR 204.11; Matter of Carlos A.M. v Maria T.M. , 141 AD3d 526 [2d Dept 2016]).
Exercising our power to review the record and make our own factual determination ( see Matter of Luis R. v Maria Elena G. , 120 AD3d 581 , 581-583 [2d Dept 2014]), we find that the record further supports a finding that reunification with the child’s parents is not viable within the meaning of Family Ct Act § 1012 (f) (i) (A) and (B) and Social Services Law § 384-b (5) (a). The hearing testimony established that the child’s parents have not contributed to his financial support or maintained contact with him since he came to the United States ( see Matter of Sara D. v Lassina D. , 206 AD3d 553 , 553-554 [1st Dept 2022]; Matter of Khan v Shahida Z. , 184 AD3d 506 , 506-507 [1st Dept 2020]).
We also find that it would not be in the child’s best interests to return to Albania. In addition to his testimony regarding parental abandonment, the child testified that he had been the target of several assaults because of his family’s political affiliation, and the parents were unable to protect him ( see Matter of Juan R.E.M. [Juan R.E.] , 154 AD3d 725 , 727 [2d Dept 2017]). The child presented evidence that he is doing well in petitioner’s care ( see Khan v Shahida Z. , 184 AD3d at 507). Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.
The decision and order of this Court entered herein on December 29, 2022 (211 AD3d 651 [2022]) is hereby recalled and vacated ( see 2023 NY Slip Op 68622[U] [2023] [decided simultaneously herewith])..