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Matthew Donald v. Stacey

Appellate Division of the Supreme Court of New York, Second Department
Dec 26, 2007
46 A.D.3d 909 (N.Y. App. Div. 2007)

Opinion

No. 2006-08169.

December 26, 2007.

In related proceedings pursuant to Family Court Act article 10 and Social Services Law § 384-b, the parents appeal from an order of the Family Court, Queens County (Salinitro, J.), dated July 26, 2006, which granted the petitioners' motion to temporarily suspend supervised visitation between the parents and their two children.

Steven Greenfield, West Hampton Dunes, N.Y., for appellants.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Mordecai Newman of counsel), for respondent Administration for Children's Services.

Carrieri Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCO Family of Services.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), Law Guardian for the children.

Before: Lifson, J.P., Dillon, Covello and McCarthy, JJ., concur.


Ordered that the order is reversed, on the law, without costs or disbursements, the petitioners' motion to temporarily suspend supervised visitation is denied, and the matter is remitted to the Family Court, Queens County to complete the adjudication of all outstanding issues forthwith.

Total denial of visitation to a parent "should only be affirmed where the totality of the record contains compelling reasons to deny visitation as detrimental to the child's well-being" ( Matter of Jones v McMore, 37 AD3d 1031, 1032). The petitioners failed to show that continued supervised visitation would be detrimental to the children.

The parties' remaining contentions are without merit.


Summaries of

Matthew Donald v. Stacey

Appellate Division of the Supreme Court of New York, Second Department
Dec 26, 2007
46 A.D.3d 909 (N.Y. App. Div. 2007)
Case details for

Matthew Donald v. Stacey

Case Details

Full title:In the Matter of MATTHEW DONALD R. STACEY R. et al., Appellants…

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

Date published: Dec 26, 2007

Citations

46 A.D.3d 909 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 10542
847 N.Y.S.2d 864

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