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IN THE MATTER OF MARGUERITE T. CANALES, appellant, v. ALYSON AULET, respondent.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

To be afforded standing to seek grandparental visitation over the objection of a biological parent, the petitioning grandparent must establish an existing relationship with the grandchild, or sufficient efforts to establish one that have been unjustifiably frustrated by the parent. Only after such a favorable showing of the equities has been made will the court, considering all relevant facts and circumstances, determine whether the application deserves judicial intervention (see Domestic Relations Law § 72; Matter of Emanuel S. v. Joseph E., 78 N.Y.2d 178; Matter of Ann M.C. v. Orange County Dept. of Social Servs., 250 A.D.2d 190, 194).

In the matter at bar, the Family Court correctly dismissed the petition for lack of standing. The appellant's disruptive and sometimes violent propensities, including the repeated filing with child welfare authorities of unfounded charges of the mother's unfitness, led to an acrimonious relationship between the grandmother and the mother, each of whom obtained reciprocal orders of protection. Upon all of the circumstances, the Family Court providently determined that equity did not require intervention (see Matter of Emanuel S. v. Joseph E., supra).

The appellant's remaining contentions are without merit.

PRUDENTI, P.J., RITTER, S. MILLER and McGINITY, JJ., concur.

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IN THE MATTER OF CANALES v. AULET
(Jun 18, 2002)