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IN THE MATTER OF K. F. T. v. D. P. G.

2006-09227

2008 NY Slip Op 07250

IN THE MATTER OF K. F. T. (ANONYMOUS), respondent, v. D. P. G. (ANONYMOUS), appellant. (Docket No. V-469-06)

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Amy L. Colvin, Huntington, N.Y., for appellant.

Elizabeth M. Niemi, Amityville, N.Y., for respondent.

Ngozi Rosaline Asonye, Freeport, N.Y., attorney for the child.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.

DECISION & ORDER

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

In a custody proceeding 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 had relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances" (Matter of Wilson v Smith, 24 A.D.3d 562

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