In a proceeding pursuant to Family Court Act article 6 for grandparent visitation, the grandmother appeals from an order of the Family Court, Kings County (Feldman, J.H.O.), dated February 24, 2009, which, after a hearing, dismissed the petition.
Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for a new hearing consistent herewith, and thereafter, a new determination of the petition.
“Although grandparents have no absolute or automatic right to visitation in New York State, Domestic Relations Law § 72 (1) allows them to apply for visitation rights if the circumstances are such that ‘equity would see fit to intervene’ ” (Matter of Decoursy v Poplawski, 61 AD3d 974, 974 [2009]). Whether such visitation should be awarded lies within the discretion of the Family Court (see Lo Presti v Lo Presti, 40 NY2d 522, 527 [1976]; Matter of Ehrlich v Ressner, 55 AD2d 953 [1977]), and must be determined in light of the grandchild’s best interests (see Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; Lo Presti v Lo Presti, 40 NY2d at 527; Matter of Decoursy v Poplawski, 61 AD3d at 974).
Accordingly, we remit the matter to the Family Court, Kings County, for a new hearing and, thereafter, a new determination of the petition. We express no opinion with respect to what the ultimate determination of the Family Court should be. Mastro, J.P., Leventhal, Lott and Austin, JJ., concur.