Legal Opinion
E.S. v. P.D.
New York Court of Appeals
Decided February 15, 2007PublishedCited by 92 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 by92 opinions
- The Matter of Ricardo Suarez v. Melissa WilliamsNew York Court of Appeals · 2015
- Doe v. DoeHawaii Supreme Court · 2007
- Hilgenberg v. HertelAppellate Division of the Supreme Court of the State of New York · 2012
- Gray v. VaroneAppellate Division of the Supreme Court of the State of New York · 2012
- Stellone v. KellyAppellate Division of the Supreme Court of the State of New York · 2007
87 more not listed; retrieve them via the Exa API.