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Matter of Farrugia Children

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1984
106 A.D.2d 293 (N.Y. App. Div. 1984)

Opinion

December 13, 1984

Appeal from the Family Court, New York County (Gartenstein, J.).


While the order herein is not appealable as of right (Family Ct Act, § 1112; Rizzo v. Rizzo, 31 A.D.2d 1001), we treat the appeal as including an application for leave to appeal and grant such application nunc pro tunc ( Bohen v. Auerbach, 51 A.D.2d 542).

The denial of visitation to a natural parent is a drastic remedy and should be done only where there are compelling reasons and substantial evidence that such visitation is detrimental to the children's welfare ( Parker v. Ford, 89 A.D.2d 806).

Here, it appears the determination of the Family Court was made solely upon the contents of a psychiatric report made available to both parties. The report raises a question as to whether the present hostility of the children, now 13 and 15 years of age, to the father was somehow "transmitted" from the mother. Petitioner is entitled to a hearing under the circumstances.

Concur — Sandler, J.P., Asch, Silverman and Fein, JJ.


Summaries of

Matter of Farrugia Children

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1984
106 A.D.2d 293 (N.Y. App. Div. 1984)
Case details for

Matter of Farrugia Children

Case Details

Full title:In the Matter of FARRUGIA CHILDREN. FRANCIS FARRUGIA, Appellant; NEW YORK…

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

Date published: Dec 13, 1984

Citations

106 A.D.2d 293 (N.Y. App. Div. 1984)

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