Alexandra D. v. Santos
Cases that cite this one
1 later published case cites this decision.
- Matter of Long v. Donoghue (Appellate Division of the Supreme Court of New York 2018)
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
Pursuant to Domestic Relations Law § 71, a sibling may commence a proceeding to seek visitation with a whole or half sibling who is under the care, custody, and control of a parent or other person or party. Where the sibling seeking such relief is a minor, “a proper person” may seek such relief on his or her behalf (Domestic Relations Law § 71). Contrary to the Family Court’s determination, the petitioners at bar, who are seeking visitation with their half brother, have standing to commence this proceeding (id.; see State ex rel. Noonan v Noonan, 145 Misc 2d 638, 641 [1989]). Moreover, the petitioners’ attorney was a “proper person” to commence this proceeding on their behalf (Domestic Relations Law § 71; see Family Ct Act § 241; 22 NYCRR 7.2 [d] [2]; Matter of Cocose v Diane B., 8 Misc 3d 1020[A], 2005 NY Slip Op 51203[U] [2005]).
Accordingly, the Family Court erred by, in effect, denying the petition and dismissing the proceeding for lack of standing. Angiolillo, J.P., Dickerson, Belen and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.