Audrey K. v. Carolyn L.

Crew III, J.P.

Appeal from an order of the Family Court of Albany County (Tobin, J.), entered July 14, 2000, which, in a proceeding pursuant to Family Court Act article 6, granted respondent’s motion to dismiss the petition.

Petitioner commenced this proceeding seeking to modify a prior order of custody granting sole legal and physical custody of her child (born in 1995) to respondent, the child’s paternal grandmother. Respondent moved to dismiss based upon the facial insufficiency of the underlying pleadings. Family Court granted respondent’s motion, prompting this appeal by petitioner.

We…