| Matter of Jiminez v Jiminez |
| 2008 NY Slip Op 09999 [57 AD3d 781] |
| December 16, 2008 |
| Appellate Division, Second Department |
| In the Matter of Christine Jiminez, Appellant, v Maureen Jiminez,Respondent. |
—[*1] Susan Argento Ferlauto, Thornwood, N.Y. (Neal D. Futerfas of counsel), for respondent. Deborah D. Clegg, New Rochelle, N.Y., attorney for the child.
In a custody proceeding pursuant to Family Court Act article 6, the stepmother appeals, as limitedby her brief, from so much of an order of the Family Court, Westchester County (Duffy, J.), enteredNovember 15, 2007, as denied her petition for custody and awarded sole custody of the child to themother.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
In a custody proceeding between a parent and a nonparent " 'the parent has a superior right tocustody that cannot be denied unless the nonparent establishes that the parent had relinquished that rightdue to surrender, abandonment, persistent neglect, unfitness, or other like extraordinary circumstances'" (Matter of K.F.T. v D.P.G., 54 AD3d1044, 1044-1045 [2008], quoting Matter of Wilson v Smith, 24 AD3d 562, 563 [2005]; see Matter ofBennett v Jeffreys, 40 NY2d 543, 549-550 [1976]). Absent proof of such extraordinarycircumstances, an inquiry into the best interests of the child is not triggered (see Matter of K.F.T. v D.P.G., 54 AD3d1044 [2008]).
Here, the Family Court's determination that the stepmother failed to establish extraordinarycircumstances has a sound and substantial basis in the record and, thus, will not be disturbed (see Matter of Tolbert v Scott, 42 AD3d548, 549 [2007]; Matter of Cambridgev Cambridge, 13 AD3d 443, 444 [2004]; compare Matter of Gilchrest v Patterson, 55 AD3d 833 [2008]; Matter of Cockrell v Burke, 50 AD3d895 [2008]; [*2]Matter of West v Turner, 38 AD3d 673, 674 [2007]; Matter of Dellolio v Tracy, 35 AD3d737 [2006]; Matter of Wilson vSmith, 24 AD3d 562, 563 [2005]; Matter of Campo v Chapman, 24 AD3d 439 [2005]). Skelos, J.P.,Santucci, McCarthy and Dickerson, JJ., concur.