Rosella G. v. Eileen B.

Appellate Division of the Supreme Court of New York

Rosella G. v. Eileen B.

277 A.D.2d 379, 715 N.Y.S.2d 756, 2000 N.Y. App. Div. LEXIS 12099

Appellate Division of the Supreme Court of the State of New York·Decided November 20, 2000·Published

Opinion

—In a proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Pessala, J.), dated May 27, 1998, which, after a hearing, denied her petition seeking custody of or visitation with her great-grandchild.

Ordered that the order is affirmed, with one bill of costs.

The petitioner commenced this proceeding seeking custody of or visitation with her great-grandchild. The respondents are the child’s parents. We affirm the denial of the petition.

A parent may not be deprived of custody of a child absent a showing of “surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances” (Matter of Bennett v Jeffreys, 40 NY2d 543, 544; see also, Matter of Male Infant L., 61 NY2d 420, 427; Matter of Tyrique P., 216 AD2d 387). Here, the petitioner failed to demonstrate such extraordinary circumstances (see, Matter of McGraw v McGraw, 258 AD2d 464; Matter of Tyrique P., supra).

Moreover, the petitioner, as a great-grandparent of the child, lacks standing to seek visitation (see, Family Ct Act § 651; Domestic Relations Law § 72; People ex rel. Antonini v Tracey L., 230 AD2d 869).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Ritter, Friedmann and Florio, JJ., concur.

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—In a proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Nassau County (Pessala, J.), dated May 27, 1998, which, after a hearing, denied her petition seeking custody of or visitation with her great-grandchild.

Ordered that the order is affirmed, with one bill of costs.

The petitioner commenced this proceeding seeking custody of or visitation with her great-grandchild. The respondents are the child’s parents. We affirm the denial of the petition.

A parent may not be deprived of custody of a child absent a showing of “surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances” (Matter of Bennett v Jeffreys, 40 NY2d 543, 544; see also, Matter of Male Infant L., 61 NY2d 420, 427; Matter of Tyrique P., 216 AD2d 387). Here, the petitioner failed to demonstrate such extraordinary circumstances (see, Matter of McGraw v McGraw, 258 AD2d 464; Matter of Tyrique P., supra).

Moreover, the petitioner, as a great-grandparent of the child, lacks standing to seek visitation (see, Family Ct Act § 651; Domestic Relations Law § 72; People ex rel. Antonini v Tracey L., 230 AD2d 869).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Ritter, Friedmann and Florio, JJ., concur.

Rosella G. v. Eileen B., 277 A.D.2d 379, 715 N.Y.S.2d 756, 2000 N.Y. App. Div. LEXIS 12099 (N.Y. Ct. App. 2000).

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Opinion

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