This section contains the nature of the case and procedural background.

Peter was five years old and had been in foster care placement for 18 months. Under New York law that mandated a judicial review of his status. Peter was placed in foster care when his aunt with whom his father had left him was unable to care for him. The father was killed in an incident of street violence after Peter entered foster care and the mother executed a voluntary placement agreement for custody and a consent to allow adoption. During his care, investigation was made into the grandmother, but she was physically ill. Peter did spend some time with her over the holidays. Grandma was given notice of the hearing, and her attorney objected to Peter being placed up for adoption. The court found that it was in Peter's best interests to be placed in a suitable adoptive home. That decision was appealed, and Grandma was awarded custody. That decision was appealed.

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