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MTR. OF WILSON v. McGLINCHEY

2 N.Y.3d 375 (2004)

811 N.E.2d 526

779 N.Y.S.2d 159

In the Matter of CAROL A. WILSON et al., Respondents, v LINDA A. McGLINCHEY et al., Appellants. (And Another Related Proceeding.)

Court of Appeals of the State of New York.

Decided May 13, 2004.

Attorney(s) appearing for the Case

Michelle I. Benoit, Albany, for appellants.

William V. O'Leary, Albany, for respondents.

Eliot Spitzer, Attorney General, Albany (Evelyn M. Tenenbaum, Caitlin J. Halligan and Wayne L. Benjamin of counsel), in his statutory capacity under Executive Law § 71.

Thomas C. Hall, Troy, Law Guardian.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.

OPINION OF THE COURT

GRAFFEO, J.

In this petition to modify a Family Court third-party visitation order, the grandparents appeal from an Appellate Division order granting the parents' request to terminate visitation based on a change in circumstances since issuance of the initial order. Because we agree with the Appellate Division that terminating visitation is in the child's best interest, we affirm.

Petitioners Carol and Steven Wilson are the parents...

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