Opinion
9566
06-06-2019
IN RE MADISON H., A Child Under Eighteen Years of Age, etc., Demezz J.H., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Anna B. Wolonciej of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Anna B. Wolonciej of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Friedman, J.P., Tom, Kapnick, Kahn, JJ.
Order, Family Court, Bronx County (Valerie A. Pels, J.), entered on or about July 26, 2018, which denied respondent father's motion for unsupervised visitation with the subject child, unanimously affirmed, without costs.
The determination that supervised visitation was in the best interest of the child has a sound and substantial basis in the record and should not be disturbed (see Matter of Arcenia K. v. Lamiek C., 144 A.D.3d 610, 42 N.Y.S.3d 124 [1st Dept. 2016]; Linda R. v. Ari Z., 71 A.D.3d 465, 465–466, 895 N.Y.S.2d 412 [1st Dept. 2010] ). The record shows that the father acted aggressively, was intimidating when angered and displayed difficulty controlling himself during supervised visits as well as courtroom proceedings (see Matter of Joaquin C. v. Josephine I.-C., 166 A.D.3d 560, 561, 86 N.Y.S.3d 876 [1st Dept. 2018] ). The child also expressed that she was scared when her father became angry and wanted the visits to remain supervised, and while the child's wishes are not controlling, they are entitled to considerable weight (see Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept. 2014] ). Furthermore, the father has a prior finding of neglect against him directly related to his violent actions (see 99 A.D.3d 475, 952 N.Y.S.2d 124 [1st Dept. 2012] ), and there was a lack of evidence indicating that he had made attempts to overcome such behavior.