From Casetext: Smarter Legal Research

Messmer v. Alvarado

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2011
84 A.D.3d 810 (N.Y. App. Div. 2011)

Opinion

Nos. 2010-03230, (Docket No. V-10336-09).

May 3, 2011.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Nassau County (Bennett, J.), dated March 4, 2010, as, upon the motion of the Attorney for the Child for a final custody order, and without a hearing, limited his communication with the subject child to two letters per month.

Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.

Patricia Manzo, Jericho, N.Y., attorney for the child.

Before: Mastro J.P., Balkin, Leventhal and Belen, JJ.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contention, the Family Court providently exercised its discretion in ordering, without a hearing, that the father, who was incarcerated outside of the State of New York, may contact the subject child only by mail twice a month. Under the circumstances, there was a substantial basis in the record for the Family Court's determination ( see Matter of McFarland v Smith, 53 AD3d 500; Matter of Horn v Zullo, 6 AD3d 536).

The father's remaining contentions are without merit.

The contention of the Attorney for the Child that the father's appeal was rendered academic by a subsequent order is without merit ( cf. Matter of Giousos v Giousos, 73 AD3d 775).


Summaries of

Messmer v. Alvarado

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2011
84 A.D.3d 810 (N.Y. App. Div. 2011)
Case details for

Messmer v. Alvarado

Case Details

Full title:In the Matter of ANN MARIE MESSMER et al., Respondents, v. JOSEPH WILLIAM…

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

Date published: May 3, 2011

Citations

84 A.D.3d 810 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 3855
921 N.Y.S.2d 876