Appellate Division of the Supreme Court of New York, 1996

In re Katrina E.

Appellate Division of the Supreme Court of New York · Decided January 4, 1996

223 A.D.2d 363; 636 N.Y.S.2d 53; 1996 N.Y. App. Div. LEXIS 46

Cases that cite this one

7 later published cases cite this decision.

Matter of AL.C. (Appellate Division of the Supreme Court of New York 2024)
Matter of Melody J.M.M. (Craig M.--Bertha H.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Boyd v. Westchester County Dept. of Social Servs. (Appellate Division of the Supreme Court of New York 2017)
In re Victoria XX. (Appellate Division of the Supreme Court of New York 2013)
In re Victoria XX. (Appellate Division of the Supreme Court of New York 2013)
McHarris v. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2008)
In re Jessica F. (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Family Court, Bronx County (Susan Larabee, J.), entered August 22, 1994, which dismissed petitioners’ applications for visitation with their niece and nephew for lack of standing, unanimously affirmed, without costs.

Family Court correctly ruled that petitioners, the aunt and uncle of children whose care and custody has been transferred to the Commissioner of Social Services, have no standing to sue for visitation (Family Ct Act § 1081; Domestic Relations Law §§ 71, 72). Absent standing, the question of whether such visitation would be in the best interests of the children cannot *364be considered (Matter of Emanuel S. v Joseph E., 78 NY2d 178, 183; Matter of Bessette v Saratoga County Commr. of Social Servs., 209 AD2d 838, 839). Concur—Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.