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MATTER OF HERTZ v. HERTZ

291 A.D.2d 91 (2002)

738 N.Y.S.2d 62

In the Matter of SHELDON HERTZ, Appellant, v. DOV HERTZ et al., Respondents.

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

February 25, 2002.

Attorney(s) appearing for the Case

Finder Novick Kerrigan Anderson & Palitz, LLP, New York City (Stephen H. Palitz of counsel), for appellant.

Snitow Kanfer Holtzer & Millus, LLP, New York City (Franklyn H. Snitow and Louis L. Nock of counsel), for respondents.

Eliot Spitzer, Attorney General, New York City (Michael S. Belohlavek and Patrick J. Walsh of counsel), in his statutory capacity under Executive Law § 71.

PRUDENTI, P.J., SMITH and ADAMS, JJ., concur.

OPINION OF THE COURT

ALTMAN, J.

At issue on this appeal is whether Domestic Relations Law § 72, New York's grandparental visitation statute, is unconstitutional on its face in light of the decision of the United States Supreme Court in Troxel v Granville (530 U.S. 57). We conclude that the statute is not facially invalid.

The petitioner commenced this proceeding pursuant to Domestic Relations Law §...

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