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MATTER OF CULBERSON v. FISHER

2014-06799 (Docket Nos. V6116-13, V-6117-13, V-6118-13, V-6119-13, V-6138-13)

130 A.D.3d 827 (2015)

12 N.Y.S.3d 544

2015 NY Slip Op 06144

In the Matter of YASMIN CULBERSON, Respondent, v. JANET FISHER, Appellant. (Proceeding No. 1.) In the Matter of YASMIN CULBERSON, Respondent, v. HORACE TAYLOR, Respondent. (Proceeding No. 2.) In the Matter of WALTER CULBERSON, Respondent, v. JANET FISHER, Appellant. (Proceeding No. 3.) In the Matter of WALTER CULBERSON, Respondent, v. HORACE TAYLOR, Respondent. (Proceeding No. 4.) In the Matter of JANET FISHER, Appellant, v. YASMIN CULBERSON, Respondent. (Proceeding No. 5.) In the Matter of JANET FISHER, Appellant, v. LEVI CULBERSON, Respondent. (Proceeding No. 6.)

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

Decided July 15, 2015.

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

In a custody proceeding between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances (see Matter of Bennett v Jeffreys, 40 N.Y.2d 543...

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