O'Neill v. Nunziato

Appellate Division of the Supreme Court of New York

O'Neill v. Nunziato

11 A.D.3d 1023, 782 N.Y.S.2d 473, 2004 N.Y. App. Div. LEXIS 11352

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

DecidedOctober 1, 2004

StatusPublished

This text of 11 A.D.3d 1023 (O'Neill v. Nunziato) 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.

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O'Neill v. Nunziato, 11 A.D.3d 1023, 782 N.Y.S.2d 473, 2004 N.Y. App. Div. LEXIS 11352 (N.Y. Ct. App. 2004).

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Opinion

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered September 11, 2003 in a proceeding pursuant to Family Ct Act article 6. The order granted the motion of respondent dismissing the petition seeking visitation with petitioner’s grandson.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

[1024]*1024Memorandum: Petitioner appeals from an order of Family-Court that granted the motion of respondent and dismissed without a hearing her petition seeking visitation with her grandson pursuant to Domestic Relations Law § 72. We conclude that the court erred in dismissing the petition. Because petitioner established standing as the mother of a deceased parent, the court “must determine if visitation is in the best interest of the grandchild” (Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [internal quotation marks omitted] [2004]). Present— Green, J.P., Pine, Scudder, Martoche and Hayes, JJ.

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Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered September 11, 2003 in a proceeding pursuant to Family Ct Act article 6. The order granted the motion of respondent dismissing the petition seeking visitation with petitioner’s grandson.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

[1024]*1024Memorandum: Petitioner appeals from an order of Family-Court that granted the motion of respondent and dismissed without a hearing her petition seeking visitation with her grandson pursuant to Domestic Relations Law § 72. We conclude that the court erred in dismissing the petition. Because petitioner established standing as the mother of a deceased parent, the court “must determine if visitation is in the best interest of the grandchild” (Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [internal quotation marks omitted] [2004]). Present— Green, J.P., Pine, Scudder, Martoche and Hayes, JJ.

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Bluebook (online)

11 A.D.3d 1023, 782 N.Y.S.2d 473, 2004 N.Y. App. Div. LEXIS 11352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneill-v-nunziato-nyappdiv-2004.

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