Legal Opinion

Matter of Diane T. v. Shawn N.

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

Decided February 7, 2017PublishedCited by 4 opinions

1Opinion of the Court

Order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about March 4, 2016, which dismissed the petition for custody of the subject child, unanimously affirmed, without costs.

Petitioner, the subject child’s grandmother, contends that she has standing to seek custody and/or visitation pursuant to Domestic Relations Law § 72 (1) (which addresses grandparents’ standing to seek visitation). However, she failed to demonstrate “that conditions exist which equity would see fit to intervene [sic]” (id.; see Matter of Emanuel S. v Joseph E., 78 NY2d 178, 182-183 [1991]). Petitioner…

2Cases cited5 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Emanuel S. v. Joseph E.New York Court of Appeals · 1991
  3. Wilson v. McGlincheyNew York Court of Appeals · 2004
  4. Salvatore v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 2009
  5. Matter of Alfredo J.T. v. Jodi D.Appellate Division of the Supreme Court of the State of New York · 2014

3Cited by4 opinions

  1. Matter of Elizabeth F. v. Wilfredo F.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Matter of Chirag C. v. Jaimie D.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Matter of Dajah S. v. New York City Admin. for Children's Servs.Appellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Rodriguez v. ACS-KingsAppellate Division of the Supreme Court of the State of New York · 2019

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