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MATTER OF MORGAN v. GRZESIK

287 A.D.2d 150 (2001)

732 N.Y.S.2d 773

In the Matter of NORMA MORGAN, Respondent, v. CARLIN GRZESIK et al., Appellants.

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

November 9, 2001.

Attorney(s) appearing for the Case

Koslosky & Koslosky, Utica (John Gregory Koslosky of counsel), for infants.

R. R. Sossen, Jr., Utica, for appellants.

Jerome F. Zamorski, New Hartford, for respondent.

Eliot L. Spitzer, Attorney General, Albany (Laura Etlinger of counsel), for State of New York, intervenor-respondent.

PIGOTT, JR., P. J., PINE, BURNS and LAWTON, JJ., concur.

OPINION OF THE COURT

WISNER, J.

Family Court granted petitioner visitation with her grandchildren pursuant to Domestic Relations Law § 72 despite the opposition of respondent parents. On this appeal, we are asked to determine the constitutionality of Domestic Relations Law § 72 in light of the United States Supreme Court's decision in Troxel v Granville (530 U.S. 57). Troxel held that, under the Due...

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