MATTER OF HOLMES v. GLOVER

2008-07165 (Docket Nos. V-200292-06, V-20293-06)

68 A.D.3d 868 (2009)

2009 NY Slip Op 9228

890 N.Y.S.2d 629

In the Matter of ROBIN HOLMES, Respondent, v. ROBERT GLOVER, JR., Appellant, et al., Respondents.

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

Decided December 8, 2009.


Ordered that the order dated June 23, 2008, is modified, on the law, by deleting the provision thereof directing that the testimony taken at the hearing could be used in any abandonment proceeding associated with the adoption of the child by the petitioner; as so modified, the order dated June 23, 2008, 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...

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