From Casetext: Smarter Legal Research

In re Amir J.-L.

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2008
57 A.D.3d 669 (N.Y. App. Div. 2008)

Opinion

Nos. 2007-03941, (Docket No. N-16107-03).

December 9, 2008.

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of disposition of the Family Court, Queens County (Salinitro, J.), dated January 24, 2006, which, inter alia, upon a fact-finding order of the same court dated September 23, 2005, made without a hearing, finding that he neglected the subject child, denied his application for visitation.

Cheryl Charles Duval, Brooklyn, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Elizabeth S. Natrella and Suzanne K. Colt of counsel), for respondent.

Albino J. Testani, Jamaica, N.Y., attorney for the child.

Before: Spolzino, J.P., Covello, Angiolillo and Chambers, JJ. concur.


Ordered that the order of disposition is affirmed, without costs or disbursements.

The father argues that the Family Court erred in denying his application for visitation without holding a hearing. Contrary to the father's contentions, the Family Court was not required to hold a full evidentiary hearing where the court possessed "sufficient information to render an informed determination that [is] consistent with the child's best interests" ( Matter of Davis v Davis, 265 AD2d 552, 553; see Matter of Horn v Zullo, 6 AD3d 536; Matter of Vangas v Ladas, 259 AD2d 755 ). The court made its determination after having considered an order of protection which prohibited contact with the subject child as part of the father's criminal sentence and the father's mental health evaluation, which was admitted in evidence, and supported the court's conclusion that visitation would not be in the child's best interest ( see Matter of Curtis N., 288 AD2d 774; Matter of Davis v Davis, 265 AD2d at 553).

The father's remaining contentions are without merit.


Summaries of

In re Amir J.-L.

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2008
57 A.D.3d 669 (N.Y. App. Div. 2008)
Case details for

In re Amir J.-L.

Case Details

Full title:In the Matter of AMIR J.-L., an Infant. ADMINISTRATION FOR CHILDREN'S…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 9, 2008

Citations

57 A.D.3d 669 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9794
871 N.Y.S.2d 182

Citing Cases

In Matter of Attallah N. v. Shamm L

Contrary to the father's contention, the Family Court providently exercised its discretion in denying,…

Colon v. Sawyer

ORDERED that the order is affirmed, without costs or disbursements. Contrary to the father's contention, the…