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MATTER OF LAKE v. VAN WORMER

216 A.D.2d 735 (1995)

628 N.Y.S.2d 440

In the Matter of Echo L. Lake, Respondent, v. Margaret Van Wormer, Appellant

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

June 22, 1995

White, J.

In a custody dispute, such as this, involving a third party and a biological parent, parental custody may not be precluded absent a threshold showing by the third party of extraordinary circumstances (see, Matter of Zamoiski v Centeno, 166 A.D.2d 781, 782, lv denied 77 N.Y.2d 803). Extraordinary circumstances include "surrender, abandonment, unfitness, persistent neglect, unfortunate or...

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