Judge Andrew Bivona
City School District of Middletown sought to intervene in the instant guardianship action by the subject child’s aunt. It also sought dismissal of the petition for guardianship. The attorney for the child opposed the district’s motions. The child’s mother, who resided with the child in Brooklyn, signed a notarized statement giving custody/guardianship to her sister, who resided in Middletown, and requested she be permitted to register the child for school in Middletown. The court noted that nowhere in the district’s application to intervene and dismiss the guardianship petition did the district address the child’s best interest. It stated the essence of the district’s motions was that it was a poor school district and did not want additional students. The court states same was not a factor the court could consider in determining a guardianship petition. Also, it noted the district violated its own policy when it permitted the child to attend the Middletown schools when it believed he was not a resident of the school district. The court found it did not have the authority to decide the district’s request to exclude a child from the school district in order to keep the district’s costs down. Thus, it denied the motion to dismiss the petition and to intervene.
