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MATTER OF DELLOLIO v. TRACY

35 A.D.3d 737 (2006)

825 N.Y.S.2d 783

In the Matter of NICHOLAS J. DELLOLIO et al., Respondents, v. BRIAN TRACY, Respondent, and LORI TRACY, Appellant. (Proceeding No. 1.) In the Matter of BRIAN TRACY, Petitioner, and LORI TRACY, Appellant, v. NICHOLAS J. DELLOLIO et al., Respondents. (Proceeding No. 2.)

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

Decided December 19, 2006.

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

"[A]s between a parent and a nonparent, the parent has the superior right of 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 extraordinary circumstances" (Matter of Campo v Chapman, 24 A.D.3d 439

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