Opinion
418 CAF 14-00798
03-27-2015
In the Matter of Margaret J. RICHARDSON, Petitioner–Respondent, v. Jill LUDWIG, Respondent–Appellant, and Daniel Ludwig, Respondent–Respondent.
Tracy L. Pugliese, Clinton, for Respondent–Appellant. Robert C. Baldwin, Attorney for the Children, Barneveld.
Tracy L. Pugliese, Clinton, for Respondent–Appellant.
Robert C. Baldwin, Attorney for the Children, Barneveld.
Opinion
MEMORANDUM: Petitioner, the maternal grandmother of the subject grandchildren, commenced this proceeding seeking visitation with them, and respondent mother appeals from an order that granted the petition, awarding the grandmother, inter alia, a minimum of six hours of visitation one weekend day per month with two of the subject grandchildren. We reject the mother's contention that Family Court erred in concluding that the grandmother had standing to seek visitation pursuant to Domestic Relations Law § 72(1), inasmuch as the grandmother established that “conditions exist [in] which equity would see fit to intervene” (see id.; Matter of E.S. v. P.D., 8 N.Y.3d 150, 157, 831 N.Y.S.2d 96, 863 N.E.2d 100 ; Matter of Hilgenberg v. Hertel, 100 A.D.3d 1432, 1433, 954 N.Y.S.2d 793 ). We also reject the mother's contention that the court erred in granting the petition. We conclude that the record supports the court's determination, which was based in part upon the credibility of the witnesses (see generally Hilgenberg, 100 A.D.3d at 1434, 954 N.Y.S.2d 793 ), that visitation is in the best interests of those subject grandchildren (see Matter of Morgan v. Grzesik, 287 A.D.2d 150, 156, 732 N.Y.S.2d 773 ; cf. Hilgenberg, 100 A.D.3d at 1434–1435, 954 N.Y.S.2d 793 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
SMITH, J.P., VALENTINO, WHALEN, and DeJOSEPH, JJ., concur.