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In the Matter of Marks v. Cascio

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2005
24 A.D.3d 556 (N.Y. App. Div. 2005)

Opinion

2005-02595.

December 12, 2005.

In a proceeding pursuant to Domestic Relations Law § 72 for grandparent visitation, the parents appeal, by permission, as limited by their brief, from so much of an order of the Family Court, Suffolk County (James, R.), dated February 22, 2005, as denied that branch of their motion which was to dismiss the paternal grandmother's petition without a hearing.

Before: Ritter, J.P., Goldstein, Skelos and Lifson, JJ., concur.


Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the branch of the motion which was to dismiss the paternal grandmother's petition without a hearing is granted.

In considering whether a grandparent is entitled to visitation under Domestic Relations Law § 72 where both parents are alive, the Family Court must determine, first, whether equitable circumstances exist which provide the grandparent with standing and, if such circumstances exist, whether visitation would be in the grandchild's best interest ( see Domestic Relations Law § 72; Matter of Emanuel S. v. Joseph E., 78 NY2d 178, 181; Matter of Knight v. Griffith, 13 AD3d 449; Matter of Horowitz v. Kelly, 300 AD2d 659). Under the particular circumstances of this case, a hearing was not necessary to determine whether the grandmother had the requisite standing.


Summaries of

In the Matter of Marks v. Cascio

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2005
24 A.D.3d 556 (N.Y. App. Div. 2005)
Case details for

In the Matter of Marks v. Cascio

Case Details

Full title:In the Matter of JOANN S. MARKS, Respondent, v. ANTHONY CASCIO et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 12, 2005

Citations

24 A.D.3d 556 (N.Y. App. Div. 2005)
808 N.Y.S.2d 261

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