By Ivan Pereira
The family of the slain Forest Hills dentist formally made its request to a Queens Family Court judge Tuesday to adopt Daniel Malakov’s surviving daughter.
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.
Reach reporter Ivan Pereira by e−mail at ipereira@cnglocal.com or by phone at 718−229−0300, Ext. 146.
