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People ex Rel. Minardi v. Cesnavicius

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 663 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Westchester County (Gurahian, J.).


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

As the result of a 1987 automobile accident, the appellant's son suffered diffused brain damage and other physical and neural injuries which included an inability to recognize the difference between reality and falsity. The respondent, the son's wife, was appointed by the court as the son's conservator. The respondent took care of the son and permitted the petitioner and other members of the son's family to visit him. The respondent later required that the family's visits be conducted in her presence or in the presence of the son's attorney, who was representing the son in a lawsuit against the State for the injuries that the son had suffered from the accident. The respondent alleged that such supervision was intended to ensure that the son's rights regarding the pending lawsuit were not violated. The appellant objected to such supervision during the family's visits and commenced this proceeding by writ of habeas corpus seeking an order directing the respondent to permit unsupervised visits between the son and his family.

The petitioner has no legally cognizable right to compel visitation with her 46-year-old married son. While a writ of habeas corpus may be utilized to obtain and enforce visitation rights as to minor children (see, Matter of Alison D. v. Virginia M., 77 N.Y.2d 651, 656), the right of parental custody is extinguished when the child reaches the age of majority (see, Belsky v. Belsky, 172 A.D.2d 576; Pizzuto v. Pizzuto, 162 A.D.2d 443; Toppel v. Toppel, 67 A.D.2d 628). The right to visitation is an incident of custody and is also extinguished when a child reaches the age of majority (see, Matter of Jane S.D. v. Frances X.D., 110 Misc.2d 737 [order of visitation could not require children who had reached the age of majority to visit their father]). Miller, J.P., Joy, Altman and Goldstein, JJ., concur.


Summaries of

People ex Rel. Minardi v. Cesnavicius

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 663 (N.Y. App. Div. 1994)
Case details for

People ex Rel. Minardi v. Cesnavicius

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, ex rel. PATRICIA D. MINARDI…

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 663 (N.Y. App. Div. 1994)
617 N.Y.S.2d 188

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