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Matter of Rosella G. v. Eileen B

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 379 (N.Y. App. Div. 2000)

Opinion

Submitted October 24, 2000.

November 21, 2000.

In a proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Pessala, J.), dated May 27, 1998, which, after a hearing, denied her petition seeking custody of or visitation with her great-grandchild.

Charles E. Holster III, Mineola, N.Y., for appellant.

Mark Diamond, New York, N.Y., for respondent Eileen B. (Anonymous).

Matthew Muraskin, Hempstead, N.Y. (Kent V. Moston and Victor M. Levy of counsel), respondent Renard B. (Anonymous).

Anne M. Serby, Long Beach, N.Y., Law Guardian for the child.

Before: LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs.

The petitioner commenced this proceeding seeking custody of or visitation with her great-grandchild. The respondents are the child's parents. We affirm the denial of the petition.

A parent may not be deprived of custody of a child absent a showing of "surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances" (Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544; see also, Matter of Male Infant L., 61 N.Y.2d 420, 427; Matter of Tyrique P., 216 A.D.2d 387). Here, the petitioner failed to demonstrate such extraordinary circumstances (see, Matter of McGraw v. McGraw, 258 A.D.2d 464; Matter of Tyrique P., supra).

Moreover, the petitioner, as a great-grandparent of the child, lacks standing to seek visitation (see, Family Ct Act § 651; Domestic Relations Law § 72; People ex rel. Antonini v. Tracy L., 230 A.D.2d 869).

The petitioner's remaining contentions are without merit.


Summaries of

Matter of Rosella G. v. Eileen B

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 379 (N.Y. App. Div. 2000)
Case details for

Matter of Rosella G. v. Eileen B

Case Details

Full title:IN THE MATTER OF ROSELLA G. (ANONYMOUS), APPELLANT, v. EILEEN B…

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

Date published: Nov 21, 2000

Citations

277 A.D.2d 379 (N.Y. App. Div. 2000)
715 N.Y.S.2d 756

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