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IN THE MATTER OF CAMBRIDGE v. CAMBRIDGE

13 A.D.3d 443 (2004)

785 N.Y.S.2d 558

In the Matter of BRANDY CAMBRIDGE, Appellant, v. SCOTT ALAN CAMBRIDGE, Respondent.

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

December 13, 2004.

Ordered that the order is affirmed, without costs or disbursements.

A biological parent has a right to custody of his or her child, superior to that of a nonparent, unless the parent has relinquished that right due to "surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances" (Matter of Bennett v Jeffreys, 40 N.Y.2d 543, 544 [1976]; see Matter of Campbell v Brewster,

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