Merritt v. Way, 446 N.E.2d 776 (N.Y. 1983). · Go Syfert
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Merritt v. Way, 446 N.E.2d 776 (N.Y. 1983). Cases Citing This Book View Copy Cite
47 citation events (8 in the last 25 years) across 7 distinct courts.
Strongest positive: Watkins v. Nelson, 748 A.2d 558 (N.J. 2000)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
How cited ↗
Cited for
446 N.E.2d at 777 In a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance4 citing cases3 citing courts put it this way
  • Watkins v. Nelson, 748 A.2d 558 (N.J. 2000).published 6 cites
    (In a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance)
  • McDermott v. Dougherty, 869 A.2d 751 (Md. 2005).published
    The Court of Appeals of New York, in a succinct opinion in the case of In the Matter of Merritt v. Way, 58 N.Y.2d 850, 853 , 460 N.Y.S.2d 20 , 446 N.E.2d 776, 777 (1983), summarized the law in that state: “In a custody contest between pare…
  • V.C. v. M.J.B., 748 A.2d 539 (N.J. 2000).published
    (stating that surrender, abandonment, unfitness, persistent neglect, or other extraordinary circumstance will result in termination of right to custody)
  • V.C. v. M.J.B., 748 A.2d 539 (N.J. 2000).published
    (stating that surrender, abandonment, unfitness, persistent neglect, or other extraordinary circumstance will result in termination of right to custody)
58 N.Y.2d at 853 “in a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance”1 citing case2 citing courts quote it
  • Watkins v. Nelson, 748 A.2d 558 (N.J. 2000).published 6 cites
    “In a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance.”
Other citing cases2 with no pin cite or quoted language on record
In the Matter of Barbara Merritt
v.
Fred Way
New York Court of Appeals.
Feb 8, 1983.
Published opinion
446 N.E.2d 776
1983 N.Y. LEXIS 2845
APPEARANCES OF COUNSEL, Abraham Hecht for appellant., Fred Way, respondent pro se., Barbara H. Dildine and Lenore Gittis, Law Guardians.
Cited by 26 opinions  |  Published
2 passages pin-cited by 1 case
Pinpoint authority: bottom 76%
Citer courts: Supreme Court of New Jersey (4)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. In a custody contest between parent and non-[*853] parent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance (Matter of Bennett v Jeffreys, 40 NY2d 543). The Family Court found that petitioner’s evidence did not establish extraordinary circumstances. That finding having been affirmed by the Appellate Division is beyond our power of review (Laufer v Ostrow, 55 NY2d 305).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.