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LO PRESTI v. LO PRESTI

40 N.Y.2d 522 (1976)

Emil Lo Presti et al., Respondents, v. Margaret Lo Presti, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1976.

Attorney(s) appearing for the Case

John J. Hayden for appellant.

Daniel J. Bloom and Peter E. Bloom for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

In this habeas corpus proceeding instituted pursuant to section 72 of the Domestic Relations Law, the paternal grandparents seek to obtain visitation rights in respect to the two children of their deceased son. The natural mother, Margaret McLaughlin (formerly Lo Presti), opposes the application on the ground that it is not in the best interest of the children.

At the conclusion of a hearing...

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