Opinion
No. 2007-00789 (Docket No. V-27661-03).
March 4, 2008.
In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Grosvenor, J.), dated December 21, 2006, which, after a hearing, denied his petition for visitation with the subject child.
Lewis S. Calderon, Jamaica, N.Y., for appellant. Blank Rome, LLP, New York, N.Y. (Dylan S. Mitchell and Heidi A. Tallentire of counsel), for respondent.
Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine and Janet Neustaetter of counsel), Law Guardian for the child.
Before: Spolzino, J.P., Santucci, Angiolillo and Carni, JJ.,
Ordered that the order is affirmed, without costs or disbursements.
The determination of visitation is within the sound discretion of the trial court based upon the best interests of the child, and its determination will not be set aside unless it lacks a sound and substantial basis in the record ( see Cashel v Cashel, 46 AD3d 501). Here, the Family Court's determination has a sound and substantial basis in the record to promote the best interests of the child by denying the father visitation.