Opinion
5142
12-05-2017
In re JOSE C., et al., Petitioners–Appellants, v. JOHNNY C. (Deceased Father), Respondent, Beatriz A. H., Respondent–Respondent.
Anne Reiniger, New York, for appellants. Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent. Andrew J. Baer, New York, attorney for the child.
Anne Reiniger, New York, for appellants.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Andrew J. Baer, New York, attorney for the child.
Richter, J.P., Manzanet–Daniels, Andrias, Kern, Singh, JJ.
Order, Family Court, New York County (J. Machelle Sweeting, J.), entered on or about November 21, 2016, which, to the extent appealed from as limited by the briefs, dismissed petitioner grandparents' petition for custody of the subject child, unanimously affirmed, without costs.
Family Court properly dismissed summarily the paternal grandparents' petition for custody of the subject child, since the petition contained only conclusory statements that failed to allege extraordinary circumstances warranting a hearing (see Matter of Maddox v. Maddox, 141 A.D.3d 529, 35 N.Y.S.3d 264 [2d Dept. 2016],lv denied 28 N.Y.3d 905, 45 N.Y.S.3d 372, 68 N.E.3d 101 [2016] ). There was no basis for the child to be placed in the custody of the grandparents without a showing of extraordinary circumstances, where the child was in the custody of an otherwise fit parent (see id.).
Although the grandparents asserted that they cared for the child for seven years after his birth, there was no proof of a prolonged separation between the mother and child or intent by the mother to relinquish her parental duties and care of the child to the grandparents (compare Matter of Suarez v. Williams, 26 N.Y.3d 440, 23 N.Y.S.3d 617, 44 N.E.3d 915 [2015] [grandparents may demonstrate standing where the child has lived with the grandparents for a prolonged period of time] ). Nor was there an allegation that rose to the level of surrender, abandonment, unfitness, or persistent neglect sufficient to warrant a hearing (see id. at 446, 23 N.Y.S.3d 617, 44 N.E.3d 915 ; see also Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 387 N.Y.S.2d 821, 356 N.E.2d 277 [1976] ).