Opinion
January 4, 1996
Appeal from the Family Court, Bronx County (Susan Larabee, J.).
Family Court correctly ruled that petitioners, the aunt and uncle of children whose care and custody has been transferred to the Commissioner of Social Services, have no standing to sue for visitation (Family Ct Act § 1081; Domestic Relations Law §§ 71, 72). Absent standing, the question of whether such visitation would be in the best interests of the children cannot be considered ( Matter of Emanuel S. v Joseph E., 78 N.Y.2d 178, 183; Matter of Bessette v Saratoga County Commr. of Social Servs., 209 A.D.2d 838, 839).
Concur — Sullivan, J.P., Ellerin, Wallach and Rubin, JJ.