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MATTER OF SOUZA v. BENNETT

2009-10129.

81 A.D.3d 836 (2011)

916 N.Y.S.2d 823

In the Matter of SANDRA SOUZA, Respondent, v. BETTY BENNETT, Appellant. MAURICE BLACKMON, Nonparty Respondent.

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

Decided February 15, 2011.

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

" `[A]s 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 has relinquished that right due to surrender, abandonment, persisting neglect, unfitness, or other like extraordinary circumstances'" (Matter of Fishburne v Teelucksingh, 34 A.D.3d 804

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