Michelle V. v. Lillian P.
Michelle V. v Lillian P.
2003 NYSlipOp 18885
Appellate Division, First Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 25, 2003
Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.
2323 In re Proceeding, etc.,
[*1]Michelle V., Petitioner-Appellant,
Lillian P., Respondent-Respondent.
George E. Reed, Jr.
Julian A. Hertz
Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 14, 2000, which denied the petition pursuant to Family Court Act article 6 for custody of the subject child and continued custody of the child with the child's grandmother, respondent Lillian P., unanimously affirmed, without costs.
Family Court properly determined that respondent paternal grandmother
demonstrated the existence of extraordinary circumstances detrimental to the
child's welfare should petitioner, the natural parent, obtain custody (see
Matter of Bennett v Jeffreys, 40 NY2d 543, 544). The record discloses
that petitioner gave physical custody of the child to respondent and thereafter
visited him irregularly at best, i.e., only when it was "convenient."
Petitioner did not contribute to the child's support, and appeared oblivious to
his special needs. Petitioner planned to move to
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.