Lo Presti v. Lo Presti
| Court | New York Supreme Court — Appellate Division |
| Citation | Lo Presti v. Lo Presti, 378 N.Y.S.2d 487, 51 A.D.2d 578 (N.Y. App. Div. 1976) |
| Decision Date | 26 January 1976 |
| Parties | Emil LO PRESTI et al., Appellants, v. Margaret LO PRESTI, Respondent. |
Daniel J. Bloom and Peter E. Bloom, Vails Gate, for appellants.
Clifford M. Barber, Montgomery, for respondent.
Before GULOTTA, P.J., and LATHAM, MARGETT, DAMIANI and CHRIST, JJ.
MEMORANDUM BY THE COURT.
In a habeas corpus proceeding pursuant to section 72 of the Domestic Relations Law to determine the visitation rights of the petitioner grandparents, petitioners appeal from a judgment of the Family Court, Orange County, dated September 5, 1975, which, after a hearing, Inter alia, dismissed the proceeding.
Judgment reversed, on the law, without costs, writ sustained, and matter remanded to the Family Court for further proceedings consistent herewith.
Animosity betweent he mother of the children and their grandparents is not a proper basis for the denial of visitation privileges to the grandparents; nor is it a proper yardstick by which to...
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5 cases
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Smith v. Jones
...best interest to visit the grandparents--Vacula v. Blume, 53 A.D.2d 633, 384 N.Y.S.2d 208 (2d Dept.1976); Lo Presti v. Lo Presti, 51 A.D.2d 578, 378 N.Y.S.2d 487 (2d Dept.1976). Animosity, however, is very different from accusations of uxoricide especially where there is a danger, as here p......
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Collins v. Gilbreath
...by another person would somehow harm his or her child should not be enough to deny visitation in all cases. See Lo Presti v. Lo Presti, (1976) 51 A.D.2d 578, 378 N.Y.S.2d 487. This is especially true where the third party has cared for a child as his or her own. As in custody disputes, the ......
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Custody of Banning, In re
...This is especially true where the third person has cared for a child as his or her own." Collins at 923. See also LoPresti v. LoPresti (1976), 51 A.D.2d 578, 378 N.Y.S.2d 487; Spencer v. Spencer (1977), Okl.App., 567 P.2d 112. Mother did not provide any evidence or testimony, other than her......
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Vacula v. Blume
...to the grandparents; nor is it a proper yardstick by which to measure the best interests of the children' (Lo Presti v. Lo Presti, 51 A.D.2d 578, 378 N.Y.S.2d 487). 'Visits with a grandparent are often a precious part of a child's experience and there are benefits which devolve upon the gra......
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