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Morash v. Minucci

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 486 (N.Y. App. Div. 2002)

Opinion

2000-11209

Submitted October 28, 2002.

November 18, 2002.

In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Croiter, R.), dated November 8, 2000, which granted the father's application for unsupervised visitation with the child in Florida.

Carol Kahn, New York, N.Y., for appellant.

Robert Hausner, Mineola, N.Y., Law Guardian for the child.

Before: ANITA R. FLORIO, J.P., SONDRA MILLER, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.


DECISION ORDER

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

A noncustodial parent is entitled to meaningful visitation, and denial of that right is so drastic that it must be based on substantial evidence that visitation would be detrimental to the welfare of the child (see Matter of Bradley v. Wright, 260 A.D.2d 477; cf. Matter of MacEwen v. MacEwen, 214 A.D.2d 572; Matter of Vanderhoff v. Vanderhoff, 207 A.D.2d 494). Further, the determination of visitation is within the sound discretion of the hearing court based upon the best interests of the child (see Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113, 116), and its determination will not be set aside unless it lacks a substantial basis in the record (see Koppenhoefer v. Koppenhoefer, supra). Here, the referee's determination to grant the father unsupervised visitation in Florida has such a substantial basis.

The mother's remaining contentions are without merit.

FLORIO, J.P., S. MILLER, ADAMS and CRANE, JJ., concur.


Summaries of

Morash v. Minucci

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 486 (N.Y. App. Div. 2002)
Case details for

Morash v. Minucci

Case Details

Full title:IN THE MATTER OF MICHAEL MORASH, RESPONDENT, v. MARIA MINUCCI, APPELLANT

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

Date published: Nov 18, 2002

Citations

299 A.D.2d 486 (N.Y. App. Div. 2002)
749 N.Y.S.2d 889

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