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Queens, NY - Family of Slain Dentist Petitions Court for Custody of Surviving Daughter |
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Daniel Malakov poses with his daughter, Michelle, in a photo taken right before he was shot in a hit ordered by his estranged wife.
Although the city Administration for Children Services is still in the process of terminating Mazoltuv Borukhova’s parental rights over her 6-year-old daughter, Michelle, the girl’s uncle and foster parent, Gavriel Malakov, placed a motion during the hearing.
Michelle’s father, Dr. Daniel Malakov, an Uzbek immigrant, was murdered before her eyes in a hit ordered by Borukhova, also an Uzbek immigrant, and the child has been living with her uncle for more than a year.
Judge Linda Tally told ACS she had no problem with the adoption.
“It is important that Michelle have permanency,” she said.
Borukhova, 35, was sentenced in April to life in prison without parole along with her distant uncle, Mikhail Mallayev, after they were convicted in March for Daniel Malakov’s homicide, which occurred Oct. 28, 2007.
The mother, who did not show up at the Family Court hearing, paid her 51-year-old relative nearly $20,000 to shoot Daniel Malakov twice in the chest as he was dropping off Michelle outside the Annadale Playground in Forest Hills, less than a week after he had gained custody of the girl.
According to New York State Family Court laws, a mother or father automatically loses his or her parental rights if they are convicted of murdering the other parent. An ACS prosecutor said her office is in the process of formally terminating Borukhova’s rights and it would file the necessary motions in July.
Borukhova’s attorney, Florence Fass, objected to ACS’s motion because she said her client was planning to appeal her conviction. The judge dismissed Fass’ objections, noting the appeal could take a long time and for right now she was convicted of murdering Malakov.
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Read Comments (9) — Post Yours »
1
Jun 04, 2009 at 08:09 PM Moshe Says:
This is a classic example of the definition of chutzpah " kill the parent and ask for the yasoma"
2
Jun 04, 2009 at 09:39 PM Ahem Says:
I think you misunderstood (or did I?), HIS family is filing for custody, not her family. He was killed by her.
3
Jun 04, 2009 at 09:35 PM Anonymous Says:
“ This is a classic example of the definition of chutzpah " kill the parent and ask for the yasoma" ”
the one where the guy killed his parents and then asked the judge for leniency on the grounds that he was 'orphaned' was even better...
4
Jun 05, 2009 at 07:00 AM Anonymous Says:
“ I think you misunderstood (or did I?), HIS family is filing for custody, not her family. He was killed by her. ”
I believe that comment #1 was referring to the end of the article:
"Borukhovas attorney, Florence Fass, objected to ACS's motion because she said her client was planning to appeal her conviction."
5
Jun 05, 2009 at 03:27 AM Concerned Yid Says:
Alan Dershowitz has the chutzpah to defend the murderer in court on the grounds her due process rights were violated.
6
Jun 05, 2009 at 09:38 AM Anonymous Says:
“ I believe that comment #1 was referring to the end of the article:
"Borukhovas attorney, Florence Fass, objected to ACS's motion because she said her client was planning to appeal her conviction."
”
They are appealing the sentence. They want a sentence reduction, say, only 20 years instead of life, which won't help Michelle very much. The Attorney is just trying to muscle the judge for her client's "rights" (obviously someone with deep pockets is paying her legal bills) so they are delaying the deceased parent's rights by fighting the Parental Rights Termination motion.
7
Jun 05, 2009 at 09:35 AM Anonymous Says:
“ This is a classic example of the definition of chutzpah " kill the parent and ask for the yasoma" ”
Moshe, go back and carefully reread the article. This is where reading comprehension comes into play.
8
Jun 05, 2009 at 11:29 AM Anonymous Says:
“ Alan Dershowitz has the chutzpah to defend the murderer in court on the grounds her due process rights were violated. ”
those same "due process" rights that you scorn, protect you also. if due process is followed, and she is truly guilty, then the result will be the same.
9
Jun 07, 2009 at 05:31 PM Anonymous Says:
I truly do not understand why they need to terminate her parental rights at this point, what if the mother is truly not guilty and will prove it by winning her appeal? At last people with this kind of charges are judged in their hometown where everybody, including the jury, already made up their mind about the case due to the high level of publicity that took place right after the murder.