Lachow v. Barasch

Appellate Division of the Supreme Court of New York

Lachow v. Barasch

57 A.D.2d 896, 394 N.Y.S.2d 284, 1977 N.Y. App. Div. LEXIS 12133

Appellate Division of the Supreme Court of the State of New York·Decided May 16, 1977·Published·Cited by 4 cases

Opinion

In a proceeding brought by a grandmother for visitation with the child of her deceased daughter, petitioner appeals from an order of the Family Court, Kings County, dated December 27, 1976, which, after a hearing, denied her petition on the merits. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for further proceedings consistent herewith. Since animosity between the father of a child and the maternal grandmother is not a proper basis for the denial of visitation privileges to the grandmother (see Matter of Vacula v Blume, 53 AD2d 633), the Family Court abused its discretion when it denied the petition on that ground. We remand the proceeding to the Family Court to take testimony and make a determination under the standards set forth in section 72 of the Domestic Relations Law, as interpreted in Lo Presti v Lo Presti (40 NY2d 522). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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In a proceeding brought by a grandmother for visitation with the child of her deceased daughter, petitioner appeals from an order of the Family Court, Kings County, dated December 27, 1976, which, after a hearing, denied her petition on the merits. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for further proceedings consistent herewith. Since animosity between the father of a child and the maternal grandmother is not a proper basis for the denial of visitation privileges to the grandmother (see Matter of Vacula v Blume, 53 AD2d 633), the Family Court abused its discretion when it denied the petition on that ground. We remand the proceeding to the Family Court to take testimony and make a determination under the standards set forth in section 72 of the Domestic Relations Law, as interpreted in Lo Presti v Lo Presti (40 NY2d 522). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

Lachow v. Barasch, 57 A.D.2d 896, 394 N.Y.S.2d 284, 1977 N.Y. App. Div. LEXIS 12133 (N.Y. Ct. App. 1977).

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Opinion

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