Opinion
2002-04049
Argued December 11, 2002.
January 21, 2003.
In a child visitation proceeding pursuant to Family Court Act article 6, the appeal is from an order of the Family Court, Kings County (Adams, J.), dated May 1, 2002, which, in effect, denied the motion of Lisa L. to dismiss the proceeding for lack of standing.
Warren Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for appellant.
Quarto Dunning, LLP, New York, N.Y. (Roslyn Quarto of counsel), and Shanahan Associates, P.C., New York, N.Y. (Thomas D. Shanahan of counsel), for respondent (one brief filed).
Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel), Law Guardian for the child.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the proceeding is dismissed.
The Family Court erred in denying the appellant's motion to dismiss the proceeding. The petitioner does not have standing to seek visitation with the biological child of the appellant, her former domestic partner (see Matter of Alison D. v. Virginia M., 77 N.Y.2d 651; Matter of Janis C. v. Christine T., 294 A.D.2d 496, lv denied 99 N.Y.2d 504 [Dec. 17, 2002]; Matter of Speed v. Robins, 288 A.D.2d 479).
The petitioner's constitutional challenge to Domestic Relations Law §§ 70, 71, and 72 is not reviewable as she failed to give timely notice to allow the Attorney-General the opportunity to intervene in this proceeding (see Executive Law § 71; CPLR 1012; Matter of McGee v. Korman, 70 N.Y.2d 225; Matter of Rivera v. Cassas, 275 A.D.2d 417).
RITTER, J.P., SMITH, LUCIANO and H. MILLER, JJ., concur.