Doolittle v. Orange County Department of Social Services

Appellate Division of the Supreme Court of New York

Doolittle v. Orange County Department of Social Services

304 A.D.2d 828, 757 N.Y.S.2d 858

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 2003

StatusPublished

Cited by2 cases

This text of 304 A.D.2d 828 (Doolittle v. Orange County Department of Social Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doolittle v. Orange County Department of Social Services, 304 A.D.2d 828, 757 N.Y.S.2d 858 (N.Y. Ct. App. 2003).

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Opinion

In a proceeding pursuant to Family Court Act article 6 and Domestic Relations Law § 72 for grandparent visitation, the paternal grandmother appeals from an order of the Family Court, Orange County (McGuirk, J.), entered October 28, 1999, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

While grandparents have no absolute or automatic right to visitation in New York State, Domestic Relations Law § 72 provides them with a right to apply for such visitation under circumstances “which equity would see fit to intervene.” Whether such visitation should be granted lies in the court’s discretion and must be determined in light of what is in the best interest of the child (see Lo Presti v Lo Presti, 40 NY2d 522 [1976]; Matter of Jessica R., 163 AD2d 553 [1990]).

Contrary to the petitioner’s argument, there is sufficient evidence in the record to support the Family Court’s determination that such visitation would not be in the child’s best interest (see Matter of Emanuel S. v Joseph E., 78 NY2d 178 [1991]). Florio, J.P., H. Miller, Adams and Mastro, JJ., concur.

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In a proceeding pursuant to Family Court Act article 6 and Domestic Relations Law § 72 for grandparent visitation, the paternal grandmother appeals from an order of the Family Court, Orange County (McGuirk, J.), entered October 28, 1999, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

While grandparents have no absolute or automatic right to visitation in New York State, Domestic Relations Law § 72 provides them with a right to apply for such visitation under circumstances “which equity would see fit to intervene.” Whether such visitation should be granted lies in the court’s discretion and must be determined in light of what is in the best interest of the child (see Lo Presti v Lo Presti, 40 NY2d 522 [1976]; Matter of Jessica R., 163 AD2d 553 [1990]).

Contrary to the petitioner’s argument, there is sufficient evidence in the record to support the Family Court’s determination that such visitation would not be in the child’s best interest (see Matter of Emanuel S. v Joseph E., 78 NY2d 178 [1991]). Florio, J.P., H. Miller, Adams and Mastro, JJ., concur.

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Bluebook (online)

304 A.D.2d 828, 757 N.Y.S.2d 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doolittle-v-orange-county-department-of-social-services-nyappdiv-2003.

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