MATTER OF MERRITT v. WAY


58 N.Y.2d 850 (1983)

In the Matter of Barbara Merritt, Appellant, v. Fred Way, Respondent.

Court of Appeals of the State of New York.

Decided February 8, 1983.


Attorney(s) appearing for the Case

Abraham Hecht for appellant.

Fred Way, respondent pro se.

Barbara H. Dildine and Lenore Gittis, Law Guardians.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. In a custody contest between parent and non-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 N.Y.2d 543). The...

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