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MATTER OF DECOURSY v. POPLAWSKI

61 A.D.3d 974 (2009)

878 N.Y.S.2d 750

In the Matter of JOAN DECOURSY, Appellant, v. DIANE POPLAWSKI et al., Respondents.

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

Decided April 28, 2009.

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

Although grandparents have no absolute or automatic right to visitation in New York State, Domestic Relations Law § 72 (1) allows them to apply for visitation rights if the circumstances are such that "equity would see fit to intervene." Whether such visitation should be granted lies within the discretion of the Family Court (see Lo Presti v Lo Presti, 40 N.Y.2d 522

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