John W. Hallett for respondent.
Lisa Weldon for petitioner.
Catherine J. Palermo, Law Guardian.
require the opportunity for participation by siblings and grandparents to be sure that the moral obligations of familial relationships are carried out. What used to be known as the common law is not so common any more. Nonbiologic care givers are assuming previous strictly parental roles more and more frequently. To this point, biologic relationships are mandated by New York, but given the dynamics of present personal relationships, the rules may not be standing on sturdy ground, notwithstanding Troxel. Perhaps a judicially created definition of parents is required as suggested by Justice Kennedy. Such is best left to the legislative process, however. "Cases like this do not present a bipolar struggle between the parents and the State over who has final authority to determine what is in a child's best interests. There is at a minimum a third individual, whose interests are implicated in every case to which the statute applies—the child" (Troxel v Granville, 530 US, at 86, supra [Stevens, J., dissenting]). In accord with the foregoing, the motion to dismiss the petition be and the same hereby is denied.