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IN THE MATTER OF VINCENT A.B. v. KAREN T.

30 A.D.3d 1100 (2006)

816 N.Y.S.2d 637

In the Matter of VINCENT A.B., Appellant, v. KAREN T., Respondent.

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

June 9, 2006.

Memorandum:

Petitioner appeals from an amended order awarding primary physical custody of his son to respondent, the child's great aunt. We agree with petitioner that Family Court erred in considering the best interests of the child without first determining that extraordinary circumstances exist. "[A] parent has a superior right to custody and thus a nonparent seeking custody has a burden of proving that extraordinary circumstances exist. . . . [That] `rule applies...

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