Penders v. Penders

— Order unanimously reversed on the law without costs and petition dismissed. Memorandum: We need not decide whether there is authority for the commencement of this proceeding by the

*964grandparents against the natural mother for custody of her child. The petition must be dismissed because there was no showing at the hearing of "surrender, abandonment, unfitness, persistent neglect, unfortunate or involuntary extended disruption of custody, or other equivalent but rare extraordinary circumstance which would drastically affect the welfare of the child.” (Matter of Bennett v Jeffreys, 40 NY2d 543,…