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Matter of Kathleen A. A. v. Jean A.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 955 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Order of Onondaga County Family Court, Klim, J. — Custody.

Present — Hayes, J. P., Wisner, Pigott, Jr., Callahan and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly granted the cross petition of petitioner seeking custody of her son. The prior order granting custody of petitioner's son to Jean A. (respondent), the child's paternal grandmother, was entered on consent without a finding of extraordinary circumstances. Because petitioner had voluntarily relinquished custody and there was no finding of extraordinary circumstances, the court was not required to apply the "best interests" test in determining the cross petition ( see, Matter of Michael G. B. v. Angela L. B., 219 A.D.2d 289, 291; Matter of Gray v. Chambers, 206 A.D.2d 619, 620-621). The burden of proving that extraordinary circumstances exist was on respondent ( see, Matter of Michael G. B. v. Angela L. B., supra, at 291), and she failed to present evidence sufficient to require a hearing on the issue whether extraordinary circumstances exist. We have examined respondent's remaining arguments and conclude that they lack merit.


Summaries of

Matter of Kathleen A. A. v. Jean A.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 955 (N.Y. App. Div. 1999)
Case details for

Matter of Kathleen A. A. v. Jean A.

Case Details

Full title:IN THE MATTER OF KATHLEEN A. A., Respondent, v. JEAN A., Appellant, et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 10, 1999

Citations

258 A.D.2d 955 (N.Y. App. Div. 1999)
685 N.Y.S.2d 544