Gray v. Varone
Cases that cite this one
21 later published cases cite this decision.
- Matter of Sands v. Sands (Appellate Division of the Supreme Court of New York 2019)
- Matter of Winn v. Diaz (Appellate Division of the Supreme Court of New York 2017)
- Matter of Fitzpatrick v. Fitzpatrick (Appellate Division of the Supreme Court of New York 2016)
- Matter of Seddio v. Artura (Appellate Division of the Supreme Court of New York 2016)
- People ex rel. Accomando v. Kirschner-Melendez (Appellate Division of the Supreme Court of New York 2019)
- Matter of Weiss v. Orange County Dept. of Social Servs. (Appellate Division of the Supreme Court of New York 2016)
- Feldman v. Torres (Appellate Division of the Supreme Court of New York 2014)
- Feldman v. Torres (Appellate Division of the Supreme Court of New York 2014)
- Matter of Rodriguez v. ACS-Kings (Appellate Division of the Supreme Court of New York 2019)
- Matter of McAvoy v. McAvoy (Appellate Division of the Supreme Court of New York 2017)
- Brancato v. Federico (Appellate Division of the Supreme Court of New York 2014)
- Brancato v. Federico (Appellate Division of the Supreme Court of New York 2014)
- Matter of DeLeon v. Westchester County Dept. of Social Servs. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Galizia v. Drucker (Appellate Division of the Supreme Court of New York 2020)
- Matter of Jafer v. Marasa (Appellate Division of the Supreme Court of New York 2020)
- Matter of Rodriguez v. Concepcion (Appellate Division of the Supreme Court of New York 2020)
- Matter of Gagliardi v. Ciccone (Appellate Division of the Supreme Court of New York 2020)
- Matter of Galizia v. Galizia (Appellate Division of the Supreme Court of New York 2017)
- Matter of Broomfield v. Evans (Appellate Division of the Supreme Court of New York 2016)
- Matter of Moskowitz v. Moskowitz (Appellate Division of the Supreme Court of New York 2015)
- DUBIEL, TIMOTHY J. v. SCHAEFER, STACY L. (Appellate Division of the Supreme Court of New York 2013)
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
The petitioner, the maternal grandmother of the subject child, commenced these proceedings seeking visitation with the child pursuant to Domestic Relations Law § 72. The Family Court held a hearing on the issue of the petitioner’s standing to seek
When a grandparent seeks visitation pursuant to Domestic Relations Law § 72 (1), the court must make a two-part inquiry. First, it must find that the grandparent has standing, based on, inter alia, equitable considerations (see Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Emanuel S. v Joseph E., 78 NY2d 178, 181 [1991]; Matter of Ann M.C. v Orange County Dept. of Social Servs., 250 AD2d 190, 194 [1998]). If it concludes that the grandparent has established standing to petition for visitation, then the court must determine if visitation is in the best interests of the child (see Matter of E.S. v P.D., 8 NY3d at 157; Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]; Matter of Emanuel S. v Joseph E., 78 NY2d at 181; Matter of Gort v Kull, 96 AD3d 842, 843 [2012]).
Here, contrary to the parents’ contention, the petitioner established a prima facie case of standing to seek visitation with the subject child. Through her testimony, the petitioner established, prima facie, the existence of a sufficient relationship with the child to warrant the intervention of equity (see Matter of Gort v Kull, 96 AD3d at 843; see generally Matter of Emanuel S. v Joseph E., 78 NY2d at 182; Matter of Ann M.C. v Orange County Dept. of Social Servs., 250 AD2d at 194). Further, the petitioner demonstrated, prima facie, that the parents’ objection to contact between the child and the petitioner was based solely on animosity between the parties (see generally Matter of Emanuel S. v Joseph E., 78 NY2d at 182; Matter of Waverly v Gibson, 79 AD3d 897, 899 [2010]; cf. Matter of Canales v Aulet, 295 AD2d 507 [2002]). Although “animosity coupled with family dysfunction may provide a basis for denying visitation rights,” the “existence of animosity between the parties alone” cannot provide such a basis (Matter of DiBerardino v DiBerardino, 229 AD2d 539, 540 [1996]; see Matter of E.S. v P.D., 8 NY3d at 157; Matter of Layton v Foster, 95 AD2d 77 [1983], affd 61 NY2d 747 [1984]).
Accordingly, the Family Court erred in granting the motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the petitions at the close of the petitioner’s case, and we remit the matter for a continued hearing on the issue of standing, and, thereafter, if warranted, a hearing to determine whether visitation with the petitioner would be in the best interest of the subject child, and for a new determination of the petitions.
In light of our determination, we need not reach the petition
Case-law data current through December 31, 2025. Source: CourtListener bulk data.