New York Court of Appeals

Debra H., Appellant v. Janice R., Respondent

May 4, 201014 N.Y.3d 576

Summary

The New York Court of Appeals reversed the Appellate Division, held that New York must give comity to Vermont civil‑union law and therefore recognize Debra H. as a parent of M.R., granting her standing to seek visitation and custody. The Court reaffirmed the bright‑line rule of Matter of Alison D. that only biological or adoptive parents have standing under Domestic Relations Law § 70, and remanded the case for a best‑interest hearing. Separate concurring opinions concur in result but differ on whether Alison D. should be overruled or modified.