Schiller v. Elliot

Order entered April 16, 1968, herein appealed from, which denied appellant’s motion to dismiss the petition, reversed on the law and the motion to dismiss is granted, without costs to either party. The petitioner, maternal grandfather of the infant, brought this proceeding for an order pursuant to section 72 of the Domestic Relations Law, to enforce visitation rights with the five-year-old son of his deceased daughter. The infant presently resides with his father 'and paternal grandmother in New Jersey, though respondent, the father of the infant, is employed in New York. The record indicates…