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In re Johnson v. Alaji

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 2010
74 A.D.3d 1202 (N.Y. App. Div. 2010)

Opinion

Nos. 2009-10157, (Docket Nos. V-04278-09, V04279-09, V-04280-09).

June 22, 2010.

In a visitation proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Dutchess County (Posner, J.), entered October 26, 2009, which, without a hearing, dismissed the petition.

Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.

Kelley M. Enderley, Poughkeepsie, N.Y., for respondent.

Barry H. Friedman, Poughkeepsie, N.Y., attorney for the children.

Before: Skelos, J.P., Angiolillo, Dickerson and Leventhal, JJ.


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

Generally, "[visitation should be decided after a full evidentiary hearing to determine the best interests of the child[ren]" ( Matter of Rivera v Administration for Children's Servs., 13 AD3d 636, 637). A hearing is not necessary, however, where the court possesses adequate relevant information to make an informed determination of the children's best interests ( see Matter of Horn v Zullo, 6 AD3d 536; see also Matter of Pettiford-Brown v Brown, 42 AD3d 541).

The undisputed information before the Family Court was adequate to enable the Family Court to determine that it would not be in the best interests of the subject children to grant the mother's petition for visitation and, therefore, the petition was properly dismissed without a hearing.


Summaries of

In re Johnson v. Alaji

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 2010
74 A.D.3d 1202 (N.Y. App. Div. 2010)
Case details for

In re Johnson v. Alaji

Case Details

Full title:In the Matter of BELINDA NICOLE JOHNSON, Appellant, v. BILAL KHALID ALAJI…

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

Date published: Jun 22, 2010

Citations

74 A.D.3d 1202 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5558
902 N.Y.S.2d 410

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