
    In the Matter of Barbara Merritt, Appellant, v Fred Way, Respondent.
    Argued January 6, 1983;
    decided February 8, 1983
    
      APPEARANCES OF COUNSEL
    
      Abraham Hecht for appellant.
    
      Fred Way, respondent pro se.
    
    
      Barbara H. Dildine and Lenore Gittis, Law Guardians.
    
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. In a custody contest between parent and non-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.  