In Matter of Ann M.C. v. Orange County Department of Social Servs., 250 AD2d 190 [2d Dept 1998] the petitioner grandmother's parental rights were terminated when her daughter was about nine years old but the mother and daughter continued to visit and "enjoy a close relationship" (Id. at 191-192). When the teenage daughter's child was born, child protective services removed the infant from the daughter's care. The grandmother immediately filed a petition seeking visitation rights with the infant, who was in temporary foster care in the custody of the Commissioner of Social Services. The Family Court dismissed the grandmother's petition and "concluded as a matter of law the termination of the petitioner's parental rights vis-a-vis Elizabeth [the daughter] also severed the petitioner's grandparental rights" (Id. at 192). The Second Department ruled that the Family Court "erred as a matter of law in holding that termination of the petitioner's rights to her child ipso facto terminated her rights to seek visitation with her grandchild" (Id. at 193). Moreover, in applying the equity test outlined in Emanuel S., the appellate court found "unusual circumstances" present, specifically, the grandmother engaged in immediate and ongoing attempts to see the infant, and her daughter fully supported the grandmother's attempts to initiate visits with the infant who was in the custody of the Commissioner of Social Services in temporary foster care (Id. at 194.)