MATTER OF LUMA v. KAWALCHUK


240 A.D.2d 896 (1997)

658 N.Y.S.2d 744

In the Matter of Joseph Luma et al., Appellants, v. Kathy Kawalchuk et al., Respondents

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

June 19, 1997


White, J.

Petitioners, the maternal grandparents of respondents' two children, born in 1988 and 1989, commenced this proceeding, pursuant to Domestic Relations Law § 72, seeking visitation rights with their grandchildren. Following a hearing, Family Court dismissed their petition on the ground that they lacked standing. Petitioners appeal.

Where, as here, the biological parents are alive, the hearing court must first determine whether equitable...

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