Opinion · New York Court of Appeals

Merritt v. Way

Merritt v. Way, 58 N.Y.2d 850 (New York Court of Appeals 1983)

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.