Civil Procedure · MBE-tested
In the Matter of Alexandra D. et al., Appellants, v. Julianna Santos et al., Respondents
97 A.D.3d 746949 N.Y.S.2d 101·New York Supreme Court, Appellate Division·2012·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of Alexandra D. et al., Appellants, v Julianna Santos et al., Respondents.
[949 NYS2d 101]
[MAJORITY]
Pursuant to Domestic Relations Law § 71, a sibling may commence a proceeding to seek visitation with a whole or half sibling who is under the care, custody, and control of a parent or other person or party. Where the sibling seeking such relief is a minor, “a proper person” may seek such relief on his or her behalf (Domestic Relations Law § 71). Contrary to the Family Court’s determination, the petitioners at bar, who are seeking visitation with their half brother, have standing to commence this proceeding (id.; see State ex rel. Noonan v Noonan, 145 Misc 2d 638, 641 [1989]). Moreover, the petitioners’ attorney was a “proper person” to commence this proceeding on their behalf (Domestic Relations Law § 71; see Family Ct Act § 241; 22 NYCRR 7.2 [d] [2]; Matter of Cocose v Diane B., 8 Misc 3d 1020[A], 2005 NY Slip Op 51203[U] [2005]).
Accordingly, the Family Court erred by, in effect, denying the petition and dismissing the proceeding for lack of standing. Angiolillo, J.P., Dickerson, Belen and Chambers, JJ., concur.