Opinion
2022-01094 Docket Nos. V-4766-21, V-4767-21, V-4768-21
03-22-2023
In the Matter of Ahtwana M. SMITH, appellant, v. Maurice M. DIXON, et al., respondents.
Lisa Siano, Merrick, NY, for appellant. Patricia Manzo, Jericho, NY, attorney for the children.
Lisa Siano, Merrick, NY, for appellant.
Patricia Manzo, Jericho, NY, attorney for the children.
VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.
DECISION & ORDER In related proceedings pursuant to Family Court Act article 6, the paternal grandmother appeals from an order of the Family Court, Nassau County (Danielle M. Peterson, J.), dated January 19, 2022. The order, without a hearing, dismissed the paternal grandmother's petition for custody of the subject children.
ORDERED that the order is affirmed, without costs or disbursements.
The paternal grandmother of the subject children filed a petition seeking custody. At the time the petition was filed, the children were residing with their maternal great-grandfather, who was granted temporary custody upon the consent of the children's custodian. In an order dated January 19, 2022, the Family Court dismissed the paternal grandmother's petition for lack of standing. The paternal grandmother appeals.
Pursuant to Domestic Relations Law § 72(2)(a), a grandparent has standing to seek custody of a child where the grandparent demonstrates the existence of extraordinary circumstances, such as "surrender, abandonment, persisting neglect, unfitness, and unfortunate or involuntary disruption of custody over an extended period of time" ( Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 546, 387 N.Y.S.2d 821, 356 N.E.2d 277 ), "or other like extraordinary circumstances" ( id. at 544, 387 N.Y.S.2d 821, 356 N.E.2d 277 ; see Matter of Suarez v. Williams, 26 N.Y.3d 440, 446, 23 N.Y.S.3d 617, 44 N.E.3d 915 ; Matter of Seltzer v. Patterson, 193 A.D.3d 1057, 1058, 147 N.Y.S.3d 640 ). The nonparent bears the burden of proving the existence of such extraordinary circumstances, and only if the nonparent meets this burden does the court determine whether the best interests of the child warrant awarding custody to the nonparent (see Matter of Seltzer v. Patterson, 193 A.D.3d at 1058, 147 N.Y.S.3d 640 ; Matter of Sellers v. Brown, 155 A.D.3d 1047, 1048, 65 N.Y.S.3d 207 ).
Here, the paternal grandmother's conclusory petition failed to sufficiently allege the existence of extraordinary circumstances so as to warrant a hearing on that issue (see Matter of Schmitt v. Troche, 155 A.D.3d 739, 741, 64 N.Y.S.3d 91 ; Matter of Smith v. Cooks, 148 A.D.3d 814, 815, 49 N.Y.S.3d 158 ). Accordingly, the Family Court properly dismissed the petition for lack of standing (see Matter of Smith v. Cooks, 148 A.D.3d at 815, 49 N.Y.S.3d 158 ; Matter of Maddox v. Maddox, 141 A.D.3d 529, 35 N.Y.S.3d 264 ).
The paternal grandmother's remaining contention is without merit.
BRATHWAITE NELSON, J.P., IANNACCI, FORD and VOUTSINAS, JJ., concur.