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MATTER OF PUGZ v. SMITH

2016-00262, Docket No. V-2815-15.

144 A.D.3d 1039 (2016)

2016 NY Slip Op 07963

40 N.Y.S.3d 914

In the Matter of PATTI PUGZ, Appellant, v. KACEY SMITH et al., Respondents.

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

Decided November 23, 2016.

Ordered that the order is affirmed, without costs or disbursements.

"`In a child custody dispute between a parent and a nonparent, the parent has a 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 other extraordinary circumstances'" (Matter of Maddox v Maddox, 141 A.D.3d 529, 529 [2016...

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