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Lo Presti v. Lo Presti

51 A.D.2d 578, 378 N.Y.S.2d 487, 1976 N.Y. App. Div. LEXIS 10865
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 26, 1976
StatusPublished
Cited by7 cases

This text of 51 A.D.2d 578 (Lo Presti v. Lo Presti) 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
Lo Presti v. Lo Presti, 51 A.D.2d 578, 378 N.Y.S.2d 487, 1976 N.Y. App. Div. LEXIS 10865 (N.Y. Ct. App. 1976).

Opinion

In a habeas corpus proceeding pursuant to section 72 of the Domestic Relations Law to determine the visitation rights of the petitioner grandparents, petitioners appeal from a judgment of the Family Court, Orange County, dated September 5, 1975, which, after a hearing, inter alia dismissed the proceeding. Judgment reversed, on the law, without costs, writ sustained, and matter remanded to the Family Court for further proceedings consistent herewith. Animosity between the mother of the children and their grandparents is not a proper basis for the denial of visitation privileges to the grandparents; nor is it a proper yardstick by which to measure the best interests of the children. Accordingly, the instant writ should have been sustained. We have remanded the matter to the Family Court to fix the visitation privileges of the grandparents. Gulotta, P. J., Latham, Margett, Damiani and Christ, JJ., concur.

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Related

Smith v. Jones
155 Misc. 2d 254 (NYC Family Court, 1992)
In Re Custody of Banning
541 N.E.2d 283 (Indiana Court of Appeals, 1989)
Collins v. Gilbreath
403 N.E.2d 921 (Indiana Court of Appeals, 1980)
Lo Presti v. Lo Presti
54 A.D.2d 582 (Appellate Division of the Supreme Court of New York, 1976)
Vacula v. Blume
53 A.D.2d 633 (Appellate Division of the Supreme Court of New York, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
51 A.D.2d 578, 378 N.Y.S.2d 487, 1976 N.Y. App. Div. LEXIS 10865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lo-presti-v-lo-presti-nyappdiv-1976.