Merritt v. Way
In the Matter of Barbara Merritt v. Fred Way
Opinion of the Court
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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.
How later courts describe this case
Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.
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(stating that surrender, abandonment, unfitness, persistent neglect, or other extraordinary circumstance will result in termination of right to custody)
Cited by 23 cases
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