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IN THE MATTER OF JIMINEZ v. JIMINEZ

57 A.D.3d 781 (2008)

868 N.Y.S.2d 895

In the Matter of CHRISTINE JIMINEZ, Appellant, v. MAUREEN JIMINEZ, Respondent.

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

December 16, 2008.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a custody proceeding between a parent and a nonparent "`the parent has a 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 K.F.T. v D.P.G., 54 A.D.3d 1044<...

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