Palmatier v. Dane, 97 A.D.3d 864 (N.Y. App. Div. 2012). · Go Syfert
Palmatier v. Dane, 97 A.D.3d 864 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Dakota G. v. Chanda H. (nyappdiv, 2020-01-02)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Dakota G. v. Chanda H.
N.Y. App. Div. · 2020 · confidence medium
However, she lacks standing to request visitation ( see Matter of Melody J.M.M. [Craig M.] , 147 AD3d 953, 953 [2017]; Matter of Palmatier v Dane , 97 AD3d 864, 865 [2012]).
discussed Cited as authority (rule) Matter of Romasz v. Coombs
N.Y. App. Div. · 2017 · confidence medium
Turning first to the merits of the aunt’s petition seeking visitation (proceeding No. 5), we find that Family Court erred in awarding visitation to the aunt inasmuch as the aunt does not have standing to seek such relief (see Matter of Melody J.M.M. [Craig M.], 147 AD3d 953, 953 [2017]; Matter of Victoria XX. [Thomas XX.], 110 AD3d 1168 , 1172 n 3 [2013]; Matter of Palmatier v Dane, 97 AD3d 864, 865 [2012]; Matter of Hayley PP. [Christal PP—Cindy QQ.], 77 AD3d 1133, 1135 [2010], lvs denied 15 NY3d 716 [2010]).
discussed Cited as authority (rule) Barone v. Chapman-Cleland
N.Y. App. Div. · 2015 · confidence medium
Those contentions are without merit. “[T]he Court of Appeals has recently reiterated that a nonbiological, nonadoptive parent does not have standing to seek visitation when a biological parent who is fit opposes it, and that equitable estoppel does not apply in such situations even where the nonparent has enjoyed a close relationship with the child and exercised some control over the child with the parent’s consent” (Matter of Palmatier v Dane, 97 AD3d 864, 865 [2012]; see Debra H. v Janice R., 14 NY3d 576, 589-597 [2010], rearg denied 15 NY3d 767 [2010], cert denied 562 US 1136 [2011]; …
discussed Cited as authority (rule) Barone v. Chapman-Cleland
N.Y. App. Div. · 2015 · confidence medium
Those contentions are without merit. “[T]he Court of Appeals has recently reiterated that a nonbiological, nonadoptive parent does not have standing to seek visitation when a biological parent who is fit opposes it, and that equitable estoppel does not apply in such situations even where the nonparent has enjoyed a close relationship with the child and exercised some control over the child with the parent’s consent” (Matter of Palmatier v Dane, 97 AD3d 864, 865 [2012]; see Debra H. v Janice R., 14 NY3d 576, 589-597 [2010], rearg denied 15 NY3d 767 [2010], cert denied 562 US 1136 [2011]; …
discussed Cited as authority (rule) White v. Wilcox
N.Y. App. Div. · 2013 · confidence medium
We reject that contention. “[T]he Court of Appeals has recently reiterated that a nonbiological, nonadoptive parent does not have standing to seek visitation when a biological parent who is fit opposes it, and that equitable estoppel does not apply in such situations even where the nonparent has enjoyed a close relationship with the child and exercised some control over the child with the parent’s consent” (Matter of Palmatier v Dane, 97 AD3d 864, 865 [2012]; see Debra H. v Janice R., 14 NY3d 576, 589-597 [2010], rearg denied 15 NY3d 767 [2010], cert denied 562 US —, 131 S Ct 908 [2011…
discussed Cited as authority (rule) White v. Wilcox
N.Y. App. Div. · 2013 · confidence medium
We reject that contention. “[T]he Court of Appeals has recently reiterated that a nonbiological, nonadoptive parent does not have standing to seek visitation when a biological parent who is fit opposes it, and that equitable estoppel does not apply in such situations even where the nonparent has enjoyed a close relationship with the child and exercised some control over the child with the parent’s consent” (Matter of Palmatier v Dane, 97 AD3d 864, 865 [2012]; see Debra H. v Janice R., 14 NY3d 576, 589-597 [2010], rearg denied 15 NY3d 767 [2010], cert denied 562 US —, 131 S Ct 908 [2011…
Retrieving the full opinion text from the archive…
In the Matter of Chris Palmatier
v.
Joette Dane
Appellate Division of the Supreme Court of the State of New York.
Jul 5, 2012.
97 A.D.3d 864
Kavanagh.
Cited by 8 opinions  |  Published
Kavanagh, J.

Respondent Karolyn Barker and respondent Steven Allen are the parents of a child born in 2008. Petitioner, who previously lived with Barker and the child and describes himself as the child’s nonbiological father, then petitioned for visitation. Family Court dismissed the petition for failure to state a cause of ac[*865] tion. Family Court then granted joint custody of the child to Barker and respondent Joette Dane, the child’s maternal grandmother, and granted visitation to Allen. Petitioner now appeals.

Although petitioner acknowledges his lack of a biological relationship to the child, he argues that because he had a longstanding relationship with the child and was previously granted joint custody and visitation, the doctrine of equitable estoppel requires Family Court to consider the child’s best interests in ruling on his visitation petition. However, the Court of Appeals has recently reiterated that a nonbiological, nonadoptive parent does not have standing to seek visitation when a biological parent who is fit opposes it, and that equitable estoppel does not apply in such situations even where the nonparent has enjoyed a close relationship with the child and exercised some control over the child with the parent’s consent (see Debra H. v Janice R., 14 NY3d 576, 589-597 [2010], cert denied 562 US —, 131 S Ct 908 [2011]; Matter of Alison D. v Virginia M., 77 NY2d 651, 656-657 [1991]; Matter of Hayley PR [Christal PP. — Cindy QQ.], 77 AD3d 1133, 1135 [2010], lvs denied 15 NY3d 716 [2010]). Accordingly, the petition was properly dismissed.

Peters, EJ., Spain, Malone Jr. and Garry, JJ., concur. Ordered that the order is affirmed, without costs.