Hertz v. Hertz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Altman, J.
At issue on this appeal is whether Domestic Relations Law § 72, New York’s grandparental visitation statute, is unconstitutional on its face in light of the decision of the United States Supreme Court in Troxel v Granville (530 US 57). We conclude that the statute is not facially invalid.
The petitioner commenced this proceeding pursuant to Domestic Relations Law § 72 to obtain visitation with his 15 minor grandchildren. The respondents are the grandchildren’s parents (hereinafter the parents). Following marital difficulties, the petitioner and his wife separated.…
2Cases cited8 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Troxel v. GranvilleSupreme Court of the United States · 2000
- Van Berkel v. PowerNew York Court of Appeals · 1965
- Morgan v. GrzesikAppellate Division of the Supreme Court of the State of New York · 2001
- Coulter v. BarberAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by10 opinions
- E.S. v. P.D.New York Court of Appeals · 2007
- Conover v. ConoverCourt of Appeals of Maryland · 2016
- E.S. v. P.D.New York Court of Appeals · 2007
- In the Matter of Es v. PdNew York Court of Appeals · 2007
- Malinowski v. FarnamSupreme Court of Vermont · 2002
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