Opinion
2018–13200 Docket Nos. V–3895–18, V–3896–18, V–3897–18, V–3898–18
06-10-2019
In the Matter of Samuel Pablo MONTES, Appellant, v. Joshua Ira SANDS, Respondent. (Proceeding No. 1) In the Matter of Samuel Pablo Montes, Appellant v. Susie Sands, Respondent. (Proceeding No. 2)
Davidoff Hutcher & Citron, LLP, New York, N.Y. (Leslie F. Barbara and Judith Ackerman of counsel, New York), for appellant. Kahn & Goldberg, LLP, New York, N.Y. (Michele Kahn of counsel, New York), for respondents.
Davidoff Hutcher & Citron, LLP, New York, N.Y. (Leslie F. Barbara and Judith Ackerman of counsel, New York), for appellant.
Kahn & Goldberg, LLP, New York, N.Y. (Michele Kahn of counsel, New York), for respondents.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, JJ.
DECISION & ORDER ORDERED that the order is affirmed, without costs or disbursements.
Alan J. Sands (hereinafter the grandfather), the petitioner in related proceedings (see Matter of Sands v. Sands, 174 A.D.3d 628, 101 N.Y.S.3d 877, 2019 WL 3044317 [decided herewith] ), is the paternal grandfather of the subject children, and Samuel Pablo Montes (hereinafter the stepgrandfather) is the grandfather's husband. In April 2018, the stepgrandfather filed two petitions (one as to each parent) pursuant to Domestic Relations Law § 72(1), seeking grandparent visitation with the children. In an order entered September 13, 2018, the Family Court, in effect, granted the parents' motion to dismiss the stepgrandfather's petitions without a hearing. The stepgrandfather appeals.
We agree with Family Court's determination to direct dismissal of the stepgrandfather's petitions on the ground that the stepgrandfather lacks standing to seek visitation with the children, as he failed to plead that he is the children's biological grandfather or legal grandparent through adoption (see Matter of Kevin B. v. Zovania B. , 158 A.D.3d 555, 555, 68 N.Y.S.3d 729 ; Matter of B.S. v. B.T. , 148 A.D.3d 1029, 1030, 49 N.Y.S.3d 732 ; Matter of Chifrine v. Bekker, 97 A.D.3d 574, 575, 948 N.Y.S.2d 117 ; Matter of Faison v. Nassau County Dept. of Social Servs. , 74 A.D.3d 1339, 1339–1340, 903 N.Y.S.2d 254 ; Matter of Jordan, 60 A.D.3d 764, 764–765, 875 N.Y.S.2d 188 ; Matter of Gross v. Siegman, 226 A.D.2d 724, 642 N.Y.S.2d 44 ; Matter of Hantman v. Heller, 213 A.D.2d 637, 624 N.Y.S.2d 64 ). Moreover, inasmuch as the stepgrandfather's standing presented a legal issue which appeared on the face of the petitions and which did not involve any disputed question of fact, the court did not err in relying upon the parties' unsworn submissions or in failing to conduct a hearing.
The stepgrandfather's remaining contention is without merit.
CHAMBERS, J.P., ROMAN, HINDS–RADIX and LASALLE, JJ., concur.