Bender v. Cendali

Summary

The court affirmed an order dismissing the maternal grandparents' proceeding for visitation with their grandson under Domestic Relations Law § 72. It held that the grandparents failed to establish standing because they did not show that either parent had terminated or frustrated their visitation, and no hearing was required because the papers did not raise a triable issue of fact.

Holdings

1. Grandparents seeking visitation bear the burden of establishing standing, which is conferred in the court's discretion only after examination of all relevant facts, including the nature and extent of the grandparent-grandchild relationship and the nature and basis of the parents' objection to visitation.
2. A hearing to determine standing is unnecessary when the submitted papers do not raise a triable issue of fact.
3. Supreme Court providently exercised its discretion by effectively denying the petition and dismissing the proceeding for lack of standing.

Questions Presented

1. Whether the grandparents established standing under Domestic Relations Law § 72 to seek visitation.
2. Whether a hearing was required to determine standing when the submitted papers did not raise a triable issue of fact.
3. Whether Supreme Court providently exercised its discretion in effectively denying the petition and dismissing the proceeding.

Disposition

affirmed