MATTER OF COUSE JR. v. COUSE


50 A.D.3d 1211 (2008)

855 N.Y.S.2d 297

In the Matter of FLOYD L. COUSE JR. et al., Appellants, v. PEGGY S. COUSE et al., Respondents. (And Another Related Proceeding.)

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

Decided April 3, 2008.


Stein, J.

Petitioners are the biological parents of respondent Peggy S. Couse and the grandparents of her three children. Petitioners filed two petitions seeking visitation with their grandchildren. Family Court dismissed the petitions, sua sponte, on the basis that petitioners were not entitled to visitation, as a matter of law, unless their daughter was no longer alive. Although Family Court did not specifically denominate the issue as such, it essentially found...

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