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MATTER OF FISHBURNE v. TEELUCKSINGH

34 A.D.3d 804 (2006)

828 N.Y.S.2d 70

In the Matter of SABINA FISHBURNE, Petitioner, and SYDNEY JENNINGS, Appellant, v. FRANKLYN TEELUCKSINGH, Respondent. (Proceeding No. 1.) In the Matter of FRANKLYN TEELUCKSINGH, Respondent, v. SABINA FISHBURNE, Respondent, and SYDNEY JENNINGS, Appellant. (Proceeding No. 2.)

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

Decided November 28, 2006.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

"`[A]s 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, persisting neglect, unfitness, or other like extraordinary circumstances'" (Matter of General v General, 31 A.D.3d 551

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