MATTER OF GAVRUSINAS v. MELNICHENKO


305 A.D.2d 679 (2003)

760 N.Y.S.2d 518

In the Matter of VLADIMIRAS GAVRUSINAS et al., Appellants, v. ALEKSANDR MELNICHENKO, Respondent.

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

Decided May 27, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the order dated September 18, 2002, is vacated, and the matter is remitted to the Family Court, Kings County, for a hearing, to determine if visitation with the grandparents is in the child's best interest.

The grandparents have standing to maintain the instant proceeding for visitation in light of the death of one of the parents of the subject child (see...

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