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IN THE MATTER OF DANZY v. JONES-MOORE

54 A.D.3d 858 (2008)

863 N.Y.S.2d 761

In the Matter of DARIUS DANZY, Appellant, v. TAMIKA JONES-MOORE et al., Respondents. (Proceeding No. 1.) In the Matter of TAMIKA JONES-MOORE, Respondent, v. DARIUS DANZY, Appellant. (Proceeding No. 2.)

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

September 16, 2008.

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

As 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 the right due to surrender, abandonment, persistent neglect, unfitness or other similar extraordinary circumstances (see Matter of Bennett v Jeffreys, 40 N.Y.2d 543, 545-546 [1976]; Matter...

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