Legal Opinion
Merritt v. Way
New York Court of Appeals
Decided February 8, 1983PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. In a custody contest between parent and non-*853parent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance (Matter of Bennett v Jeffreys, 40 NY2d 543). The Family Court found that petitioner’s evidence did not establish extraordinary circumstances. That finding having been affirmed by the Appellate Division is beyond our power of review (Laufer v Ostrow, 55 NY2d 305).
Chief Judge Cooke and Judges…
2Cases cited2 opinions
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Laufer v. OstrowNew York Court of Appeals · 1982
3Cited by26 opinions
- V.C. v. M.J.B.Supreme Court of New Jersey · 2000
- In re the Adoption of Male Infant L. Christina L.New York Court of Appeals · 1984
- Watkins v. NelsonSupreme Court of New Jersey · 2000
- Michael G. B. v. Angela L. B.Appellate Division of the Supreme Court of the State of New York · 1996
- McDermott v. DoughertyCourt of Appeals of Maryland · 2005
21 more not listed; retrieve them via the Exa API.