Legal Opinion

Evans v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 2006Published

1Opinion of the Court

*481In related child custody proceedings pursuant to Family Court Act article 6, the grandmother appeals from an order of the Family Court, Westchester County (Duffy, J.), entered August 18, 2004, which, after a hearing, denied her petition for custody and directed that the subject child remain in the care and custody of the Westchester County Department of Social Services.

Ordered that the order is affirmed, without costs or disbursements.

After correctly finding the existence of extraordinary circumstances {see Matter of Bennett v Jeffreys, 40 NY2d 543, 544 [1976]; Matter of Wolf v Rothman, 19…

2Cases cited6 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Bennett v. JeffreysNew York Court of Appeals · 1976
  3. Kuncman v. KuncmanAppellate Division of the Supreme Court of the State of New York · 1992
  4. Gilleo v. LienhardAppellate Division of the Supreme Court of the State of New York · 2005
  5. Walsh v. BadickAppellate Division of the Supreme Court of the State of New York · 2005

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