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In re Matter of John v. Ruocco

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2007
37 A.D.3d 608 (N.Y. App. Div. 2007)

Opinion

No. 2006-00351.

February 13, 2007.

In a proceeding pursuant to Family Court Act article 6, inter alia, for grandparent visitation, the mother appeals from an order of the Family Court, Richmond County (Porzio, J.), dated December 1, 2005, which, after a hearing, granted that branch of the petition which was for visitation with the children.

Joanne D. Olson, Staten Island, N.Y. (Catherine Bridge of counsel), for appellant.

William J. Frew, Jr., Staten Island, N.Y., for respondents.

Marc A. Berk, Staten Island, N.Y., Law Guardian for the children.

Before: Rivera, J.P., Santucci, Skelos and McCarthy, JJ.,


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

"The question of visitation, which involves a determination of what is in the child's best interests, is left to the discretion of the court" ( Matter of Weis v Rivera, 29 AD3d 812, 813; see Lo Presti v Lo Presti, 40 NY2d 522, 527). An essential part of this inquiry is whether a meaningful relationship exists between the petitioning grandparents and the child ( see Matter of Weis v Rivera, supra; Matter of Principato v Lombardi, 19 AD3d 602, 603). The testimony at the hearing established that there was a meaningful relationship between the grandparents and the children. In addition, the testimony established that visitation would be in the children's best interests. Thus, under the circumstances, the Family Court providently exercised its discretion in granting visitation with the grandparents.


Summaries of

In re Matter of John v. Ruocco

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2007
37 A.D.3d 608 (N.Y. App. Div. 2007)
Case details for

In re Matter of John v. Ruocco

Case Details

Full title:In the Matter of JOHN POPPE et al., Respondents, v. LAURA Ruocco, Appellant

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

Date published: Feb 13, 2007

Citations

37 A.D.3d 608 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1305
830 N.Y.S.2d 287

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