MATTER OF DICKSON v. LASCARIS


53 N.Y.2d 204 (1981)

In the Matter of Clarence Dickson, Appellant, v. John Lascaris, as Commissioner of the Onondaga County Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 16, 1981.


Attorney(s) appearing for the Case

Maurie Heins for appellant.

Richard C. Kram for Ruby Kelly, respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Chief Judge COOKE; Judges FUCHSBERG and MEYER dissent and vote to affirm in separate dissenting opinions.


Chief Judge COOKE.

This appeal addresses the denial of appellant's petition to regain custody of his children, not from his spouse or a former spouse, but from a third party. Family Court, concluding there were "extraordinary circumstances" present, applied the best interests of the children standard and denied the petition for custody. A sharply divided Appellate Division...

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