| Matter of Fondanarosa v Grimm |
| 2009 NY Slip Op 00535 [58 AD3d 840] |
| January 27, 2009 |
| Appellate Division, Second Department |
| In the Matter of Beverly Fondanarosa, Appellant, v CaryGrimm et al., Respondents. |
—[*1] Phillip J. Jusino, Lake Grove, N.Y., for respondents.
In a proceeding pursuant to Family Court Act article 6 for grandparent visitation, thegrandmother appeals from an order of the Family Court, Suffolk County (Burke, Ct. Atty. Ref.),dated February 6, 2008, which, after a hearing, dismissed her petition for lack of standing.
Ordered that the order is affirmed, with costs.
In the circumstances of this case, in order to demonstrate standing to seek visitation with hergrandchildren, the grandmother was required to show that she did everything she reasonablycould to establish a relationship with the grandchildren, but that her efforts were unjustifiablyfrustrated by the children's parents such that equity should intervene on her behalf (seeDomestic Relations Law § 72; Matter of Emanuel S. v Joseph E., 78 NY2d178, 181-182 [1991]; Matter ofKenderes v Norton, 22 AD3d 852 [2005]; Matter of Canales v Aulet, 295 AD2d507 [2002]).
Here, the Family Court, applying the correct standard and considering all relevantcircumstances, properly found that the grandmother had not established that she had madesufficient efforts to establish a relationship with her grandchildren, or that the parentsunjustifiably frustrated those efforts. Rather, the evidence established that the grandmother madeonly sporadic attempts to establish a relationship with the grandchildren and that the parentsexercised their right and responsibility to set the parameters for any such relationship, whichparameters were unacceptable to the grandmother. Under the circumstances, therefore, theFamily Court properly dismissed the petition for lack of standing (see Matter of Kenderes vNorton, [*2]22 AD3d at 853; cf. Matter of Agusta vCarousso, 208 AD2d 620, 621-622 [1994]). Fisher, J.P., Miller, Carni and Balkin, JJ.,concur.