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IN THE MATTER OF GILCHREST

55 A.D.3d 833 (2008)

866 N.Y.S.2d 296

In the Matter of NETTIE GILCHREST, Respondent, v. ALISA PATTERSON, Appellant. (Proceeding No. 1.) In the Matter of ALISA PATTERSON, Appellant, v. NETTIE GILCHREST, Respondent. (Proceeding No. 2.)

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

October 21, 2008.

Ordered that the order is affirmed insofar as appealed from, 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 establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or similar extraordinary circumstances (see Matter of Bennett v Jeffreys, 40 N.Y.2d 543,...

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