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MATTER OF KELLY v. CAIRO

2021-01510. Docket No. V-8519-20.

198 A.D.3d 964 (2021)

157 N.Y.S.3d 39

2021 NY Slip Op 05855

In the Matter of Ingrid Kelly, Appellant, v. Michael Cairo et al., Respondents.

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

Stein & Stein, P.C., Smithtown, NY ( Peter C. Stein of counsel), for appellant.

Mace H. Greenfield , Melville, NY, for respondents.

Ronna L. DeLoe , Larchmont, NY, attorney for the child.

Rivera, J.P., Iannacci, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

"`Standing [based on equitable circumstances] should be conferred by the court, in its discretion, only after it has examined all the relevant facts'" (Matter of Noguera v Busto, 189 A.D.3d 1050, 1051 [2020], quoting Matter of Emanuel S. v Joseph E., 78 N.Y.2d 178, 182 [1991]). "`[A]n essential part of the inquiry is the nature and...

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