Rosella G. v. Eileen B.
Cases that cite this one
1 later published case cites this decision.
- Matter of Michele D. v. Jessica F. (Appellate Division of the Supreme Court of New York 2026)
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
—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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.