Lo Presti v. Lo Presti

In this habeas corpus proceeding instituted pursuant to section 72 of the Domestic Relations Law, the paternal grandparents seek to obtain visitation rights in respect to the two children of their deceased son. The natural mother, Margaret McLaughlin (formerly Lo Prestí), opposes the application on the ground that it is not in the best interest of the children.

At the conclusion of a hearing, the Family Court in its findings noted certain pertinent circumstances. Vincent Lo Prestí, the father of the children and the victim of a terminal illness, required extended periods of hospitalization and…