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MATTER OF VARGAS v. VARGAS

2010-10587

90 A.D.3d 1062 (2011)

934 N.Y.S.2d 839

2011 NY Slip Op 9658

In the Matter of MARIA VARGAS, Respondent, v. AKEYZYA VARGAS, Appellant, et al., Respondent.

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

Decided December 27, 2011.

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

In a custody proceeding 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 Dungee v Simmons, 307 A.D.2d 312, 312...

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