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IN THE MATTER OF WILSON v. SMITH

24 A.D.3d 562 (2005)

808 N.Y.S.2d 263

In the Matter of MURIEL WILSON et al., Respondents, v. ELIZABETH SMITH, Appellant, et al., Respondent.

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

December 12, 2005.

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

As between a parent and a nonparent, the parent has the superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances (see Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 548 [1976]; Matter...

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