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IN THE MATTER OF E.S. v. P.D.

8 N.Y.3d 150 (2007)

863 N.E.2d 100

831 N.Y.S.2d 96

In the Matter of E.S., Respondent, v. P.D., Appellant.

Court of Appeals of the State of New York.

Decided February 15, 2007.

Attorney(s) appearing for the Case

William V. O'Leary, Albany, for appellant.

Thomas K. Campagna, P.C., Ronkonkoma (Thomas K. Campagna of counsel), for respondent.

Robert D. Gallo, Sayville, and Judy Poznik, Law Guardians.

Andrew Cuomo, Attorney General, Albany (Nancy A. Spiegel, Caitlin J. Halligan, Daniel Smirlock and Patrick J. Walsh of counsel), amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH and PIGOTT concur; Judge JONES taking no part.

OPINION OF THE COURT

READ, J.

We are asked to decide whether the grandparent in this case was properly granted visitation with her grandson pursuant to section 72 (1) of the Domestic Relations Law, and, if so, whether this provision is constitutional in view of the United States Supreme Court's decision in Troxel v Granville (530 U.S. 57 [2000]). For the reasons that follow, we conclude that section 72 (1) was followed...

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