MATTER OF SANTIAGO v. HENDERSON

2013-11175, (Docket Nos. V-17194-13, V-17197-13)

122 A.D.3d 866 (2014)

996 N.Y.S.2d 686

2014 NY Slip Op 08033

In the Matter of MILAGROS ANGELINA HENRIQUEZ SANTIAGO et al., Appellants, v. LEEANDERS HENDERSON, Respondent, et al., Respondent.

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

Decided November 19, 2014.


In a custody proceeding pursuant to Family Court Act article 6, the petitioners appeal from an order of the Family Court, Suffolk County (Whelan, J.), dated October 30, 2013, which, without a hearing, granted the father's motion to dismiss the petition for lack of standing.

Ordered that the order 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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