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Matter of Battista v. Battista

Appellate Division of the Supreme Court of New York, Fourth Department
May 3, 2002
294 A.D.2d 941 (N.Y. App. Div. 2002)

Opinion

CAF 01-00932

May 3, 2002.

Appeal from an order of Family Court, Erie County (Battle, J.), entered February 28, 2001, which granted petitioner supervised visitation with the parties' children.

ELIZABETH R. O'CONNOR, LAW GUARDIAN, BUFFALO, FOR NICHOLAS B. AND CHRISTINA B.

PRESENT: PINE, J.P., HAYES, WISNER, SCUDDER, AND KEHOE, JJ.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

Memorandum:

On appeal from an order granting petitioner father supervised visitation with the parties' two minor children, the Law Guardian contends that Family Court improperly delegated to a mental health professional its authority to determine issues involving the best interests of the children. We agree. The order provides for supervised visitation with a mental health professional "for a period of time that supervision may be required." The parties stipulated that, whatever the mental health professional recommends, "that's what the parties will do." Such delegation is improper ( see Wills v. Wills, 283 A.D.2d 1023, 1024; Matter of Fisk v. Fisk, 274 A.D.2d 691, 693; Matter of Henrietta D. v. Jack K., 272 A.D.2d 995). We therefore reverse the order and remit the matter to Family Court, Erie County, for further proceedings on the petition.


Summaries of

Matter of Battista v. Battista

Appellate Division of the Supreme Court of New York, Fourth Department
May 3, 2002
294 A.D.2d 941 (N.Y. App. Div. 2002)
Case details for

Matter of Battista v. Battista

Case Details

Full title:MATTER OF PATSY BATTISTA, PETITIONER-RESPONDENT, v. CAROL BATTISTA…

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

Date published: May 3, 2002

Citations

294 A.D.2d 941 (N.Y. App. Div. 2002)
741 N.Y.S.2d 782

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