Opinion
2002-00846
Argued September 22, 2003.
October 14, 2003.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Balter, J.), dated October 29, 2001, which, after a hearing, denied his petition for visitation.
Kenneth M. Tuccillo, New York, N.Y., for appellant.
Robert Marinelli, Brooklyn, N.Y., for respondent.
Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel), Law Guardian for the child.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
While the father's incarceration, standing alone, did not render visitation inappropriate ( see Matter of Davis v. Davis, 232 A.D.2d 773; Matter of Mohammed v. Cortland County Dept. of Social Servs., 186 A.D.2d 908), the Family Court properly determined that, under all of the circumstances, visitation would not be in the child's best interest ( see Matter of Marcial v. Sullivan, 296 A.D.2d 551; Matter of Williams v. Tillman, 289 A.D.2d 885; Matter of Davis v. Davis, 265 A.D.2d 552).
The father's remaining contentions are without merit.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.