Barksdale v. Medina

272 A.D.2d 78, 707 N.Y.S.2d 322, 2000 N.Y. App. Div. LEXIS 4890

Opinion

—Order, Family Court, Bronx County (Clark Richardson, J.), entered on or about July 9, 1999, which, insofar as appealed from as limited by respondent father’s brief, denied respondent’s motion to vacate a prior order, same court (Marjory Fields, J.), entered on or about May 20, 1999, temporarily changing the subject child’s custody from respondent to petitioner maternal grandmother upon a finding of extraordinary circumstances and directing a hearing on the child’s best interests, unanimously affirmed, without costs.

Respondent’s arrest on weapons charges constituted extraordinary circumstances justifying a temporary change of custody pending a hearing on the child’s best interests. Concur — Sullivan, P. J., Nardelli, Tom, Wallach and Lerner, JJ.