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MATTER OF DRAKE v. CARROLL

2008-11447.

73 A.D.3d 1172 (2010)

900 N.Y.S.2d 897

In the Matter of CATHY DRAKE, Respondent, v. CHARON CARROLL, Appellant.

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

Decided May 25, 2010.

Ordered that the order dated December 11, 2008, is affirmed insofar as appealed from, without costs or disbursements.

As between a parent and a nonparent, a parent has the superior right to custody that cannot be denied unless the nonparent establishes that the parent relinquished that right due to the surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances (see Matter of Bennett...

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