Clarabelle K. v. Christman

While I agree with the conclusion reached by the majority, I do so on different grounds.

Domestic Relations Law § 72 provides, in derogation of the common law, that under certain circumstances a "grandparent” has standing to petition a court for visitation with a grandchild, notwithstanding an objection raised by that child’s parents (see, Matter of Emanuel S. v Joseph E., 78 NY2d 178; Matter of David M. v Lisa M., 207 AD2d 623). Since such rights have only been conferred pursuant to statute, the terms thereof must be strictly construed (see, Matter of Hantman v Heller, 213 AD2d 637; Matter of…