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MATTER OF LaBORDE v. PENNINGTON

60 A.D.3d 950 (2009)

876 N.Y.S.2d 87

In the Matter of MARK LaBORDE, Appellant-Respondent, v. CATHERINE PENNINGTON, Respondent-Appellant. (Proceeding No. 1.) In the Matter of MARK LaBORDE, Appellant, v. DENISE PENNINGTON, Respondent. (Proceeding No. 2.) In the Matter of DENISE PENNINGTON, Respondent, v. MARK LABORDE, Appellant. (Proceeding No. 3.) In the Matter of DENISE PENNINGTON, Respondent, v. CATHERINE PENNINGTON, Appellant. (Proceeding No. 4.) In the Matter of CATHERINE PENNINGTON, Respondent-Appellant, v. MARK LaBORDE, Appellant-Respondent. (Proceeding No. 5.) In the Matter of CATHERINE PENNINGTON, Respondent-Appellant, v. MARK LaBORDE, Appellant-Respondent. (Proceeding No. 6.) In the Matter of CATHERINE PENNINGTON, Appellant, v. DENISE PENNINGTON, Respondent. (Proceeding No. 7.)

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

Decided March 24, 2009.

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

In a custody proceeding 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 had relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances" (Matter of Wilson v Smith,

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