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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Nonparent Custody: Griffin v. Griffin

Fourth Department — Nonparent Custody: Griffin v. Griffin

Appellate Division, Fourth Department 

Nonparent Custody

Evidentiary Hearing

Griffin v. Griffin
CAF 12-02316
Appealed from Family Court, Erie County

Background: The respondent mother appealed from the grant of sole custody to the petitioner non-parent. The respondent argued there was no evidentiary hearing conducted to determine whether extraordinary circumstances exist and, if so, to determine the best interests of the children.

Ruling: The Appellate Division reversed. The court held that it was in error for a judge to determine that there was no triable issues of fact after each party stated that there would be no witnesses called to testify other than themselves.

Mindy L. Marranca for the respondent-appellant; Terrance C. Brennan for the petitioner-respondent; Mary Anne Connell, attorney for the children