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MATTER OF JOSE C. v. JOHNNY C.

5142.

156 A.D.3d 430 (2017)

64 N.Y.S.3d 515

2017 NY Slip Op 08490

In the Matter of JOSE C. et al., Appellants, v. JOHNNY C., Deceased, Respondent, and BEATRIZ A.H., Respondent.

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

Decided December 5, 2017.

Family Court properly dismissed summarily the paternal grandparents' petition for custody of the subject child, since the petition contained only conclusory statements that failed to allege extraordinary circumstances warranting a hearing (see Matter of Maddox v Maddox, 141 A.D.3d 529 [2d Dept 2016], lv denied 28 N.Y.3d 905 [2016]). There was no basis for the child to be placed in the custody...

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