In Matter of Yary, 100 AD3d 200 (1st Dept. 2012), after the court freed the subject child for adoption, a biological aunt sought guardianship or to adopt the child, who was in foster care. The Family Court Judge ordered a hearing or trial to consider the relative merits of adoption by either the aunt or the foster family. In reversing, the First Department expressly held that where a child has been freed in Family Court: "The agency is the only entity having lawful care and custody of the child, and there is no individual in the position of parent or guardian who has the right to consent, or withhold consent, to an adoption of the child. Consequently, we conclude that adoption of the child in this instance must satisfy the provisions of sections 112 through 114 [of the Domestic Relations Law], covering authorized agency adoptions, and that the framework for private placements adoptions is not applicable here (see Matter of Brendan N. [Arthur N.], 79 AD3d 1175 [3d Dept 2010], [11] lv denied 16 NY3d 735 [2011] [grandparents' petition for private placement adoption was properly dismissed as defective since the child was in the custody of an authorized agency])."