Legal Opinion

In re Katrina E.

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

Decided January 4, 1996PublishedCited by 8 opinions

1Opinion of the Court

Order, Family Court, Bronx County (Susan Larabee, J.), entered August 22, 1994, which dismissed petitioners’ applications for visitation with their niece and nephew for lack of standing, unanimously affirmed, without costs.

Family Court correctly ruled that petitioners, the aunt and uncle of children whose care and custody has been transferred to the Commissioner of Social Services, have no standing to sue for visitation (Family Ct Act § 1081; Domestic Relations Law §§ 71, 72). Absent standing, the question of whether such visitation would be in the best interests of the children cannot *364be…

2Cases cited2 opinions

  1. Emanuel S. v. Joseph E.New York Court of Appeals · 1991
  2. Bessette v. Saratoga County Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by8 opinions

  1. In re Jessica F.Appellate Division of the Supreme Court of the State of New York · 2004
  2. McHarris v. Administration for Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  3. Matter of Melody J.M.M. (Craig M.--Bertha H.)Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Boyd v. Westchester County Dept. of Social Servs.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of AL.C.Appellate Division of the Supreme Court of the State of New York · 2024

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