MATTER OF BOSCIA v. SELLAZZO


42 A.D.2d 781 (1973)

In the Matter of Anthony C. Boscia et al., Appellants, v. Mary E. Sellazzo, Formerly Known as Mary E. Boscia, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 30, 1973


Order reversed, on the law, without costs, and proceeding remitted to the Family Court for a hearing to determine whether petitioners should be granted visitation rights.

The Family Court erred in dismissing the petition "solely on the grounds that neither" the Supreme Court nor the Family Court "have any legal authority to require visitation between a grandparent and a grandchild where it is objected to by the parent who has legal custody." Petitioners properly applied...

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