Legal Opinion
E.S. v. P.D.
New York Court of Appeals
Decided February 15, 2007PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are asked to decide whether the grandparent in this case was properly granted visitation with her grandson pursuant to section 72 (1) of the Domestic Relations Law, and, if so, whether this provision is constitutional in view of the United States Supreme Court’s decision in Troxel v Granville (530 US 57 [2000]). For the reasons that follow, we conclude that section 72 (1) was followed here, and is constitutional, both on its face and as applied.
I
A.D. (mother) married ED. (father) in 1992; their son C.D. was born in November 1993. In June 1997, A.D. was diagnosed *154…
2Cases cited10 opinions
- Troxel v. GranvilleSupreme Court of the United States · 2000
- Emanuel S. v. Joseph E.New York Court of Appeals · 1991
- Wilson v. McGlincheyNew York Court of Appeals · 2004
- Blixt v. BlixtMassachusetts Supreme Judicial Court · 2002
- Lo Presti v. Lo PrestiNew York Court of Appeals · 1976
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3Cited by4 opinions
- Doe v. DoeHawaii Supreme Court · 2007
- In the Matter of Es v. PdNew York Court of Appeals · 2007
- Zimmer v. ZimmerSouth Dakota Supreme Court · 2010
- In Re AlSouth Dakota Supreme Court · 2010