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People ex Rel. Zayas v. Rudish

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1993
194 A.D.2d 577 (N.Y. App. Div. 1993)

Opinion

June 1, 1993

Appeal from the Supreme Court, Nassau County (Ain, J.).


Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicci v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the petitioner is awarded one bill of costs.

The court did not err in awarding custody of the subject child to the petitioner, the child's natural mother. We are satisfied that the appellant failed to make a threshold showing of "surrender, abandonment, persisting neglect, unfitness, or other like extraordinary circumstances" justifying depriving the petitioner, the child's natural parent, of the custody of her child (see, Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544; Matter of Male Infant L., 61 N.Y.2d 420; Matter of Alfredo S. v Nassau County Dept. of Social Servs., 172 A.D.2d 528).

We have considered the parties' remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Lawrence and Eiber, JJ., concur.


Summaries of

People ex Rel. Zayas v. Rudish

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1993
194 A.D.2d 577 (N.Y. App. Div. 1993)
Case details for

People ex Rel. Zayas v. Rudish

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARGIE ZAYAS, Respondent, v…

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

Date published: Jun 1, 1993

Citations

194 A.D.2d 577 (N.Y. App. Div. 1993)
599 N.Y.S.2d 977

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