PEOPLE EX REL. SECOR v. MELISSA ACOSTA


46 A.D.3d 927 (2007)

848 N.Y.S.2d 352

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES SECOR et al., Appellants, v. AMY MELISSA ACOSTA, Respondent.

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

Decided December 26, 2007.


Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the amended petition which was for custody of the subject children is reinstated, and the matter is remitted to the Supreme Court, Dutchess County, for a hearing and new determination in accordance herewith.

As between a parent and a nonparent, the parent has the superior right to custody that cannot be denied unless the nonparent establishes...

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