Opinion · New York Court of Appeals

Merritt v. Way

58 N.Y.2d 850

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1983-02-08
Topic
general

How later courts describe this case

  • stating that surrender, abandonment, unfitness, persistent neglect, or other extraordinary circumstance will result in termination of right to custody
  • “In a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance.”
  • requiring surrender, abandonment, unfitness, persistent neglect, or other extraordinary circumstances

Citator

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Cited by
26 opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. In a custody contest between parent and non- *853 parent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance (Matter of Bennett v Jeffreys, 40 NY2d 543). The Family Court found that petitioner’s evidence did not establish extraordinary circumstances. That finding having been affirmed by the Appellate Division is beyond our power of review (Laufer v Ostrow, 55 NY2d 305).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.