Opinion
07-05-2017
In the Matter of Thierry E. LEW, appellant, v. Dorothy M. LEW, respondent.
William A. Sheeckutz, East Meadow, NY, for appellant. Roy J. Lester, Garden City, NY, for respondent. James E. Flood, Jr., Massapequa, NY, attorney for the child.
William A. Sheeckutz, East Meadow, NY, for appellant.
Roy J. Lester, Garden City, NY, for respondent.
James E. Flood, Jr., Massapequa, NY, attorney for the child.
LEONARD B. AUSTIN, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, and FRANCESCA E. CONNOLLY, JJ.
Appeal by the father from an order of the Family Court, Nassau County (Robert Lopresti, Ct.Atty.Ref.), dated June 27, 2016. The order, insofar as appealed from, after a hearing, denied the father's petition to enforce the visitation provisions of the parties' judgment of divorce and his separate petition to enforce an order dated September 13, 2013, granting him therapeutic supervised visitation with the parties' child.
ORDERED that the order dated June 27, 2016, is affirmed insofar as appealed from, without costs or disbursements.
The parties were divorced by a judgment of divorce entered on November 24, 2009, which awarded custody of the parties' child to the mother, and supervised visitation to the father. The Family Court subsequently issued an order dated September 13, 2013, granting the father therapeutic supervised visitation with the child. The father filed a petition to enforce the visitation provisions of the judgment of divorce, and a separate petition to enforce the order dated September 13, 2013. After a hearing, the Family Court denied the petitions. The father appeals.
" ‘[T]he Family Court has broad discretion in fashioning a remedy in matters of custody and visitation, with the paramount concern being the best interests of the child’ " ( Cervera v. Bressler, 109 A.D.3d 780, 781, 971 N.Y.S.2d 59, quoting Matter of Schick v. Schick, 72 A.D.3d 1100, 1101, 900 N.Y.S.2d 337 ; see Matter of Pignataro v. Davis, 8 A.D.3d 487, 488–489, 778 N.Y.S.2d 528 ; Matter of Plaza v. Plaza, 305 A.D.2d 607, 759 N.Y.S.2d 368 ). "Absent extraordinary circumstances, where visitation would be detrimental to the child's well-being, a noncustodial parent has a right to reasonable visitation privileges" (Matter of Rodriguez v. Silva, 121 A.D.3d 794, 795, 993 N.Y.S.2d 733 [internal quotation marks omitted]; see Pollack v. Pollack, 56 A.D.3d 637, 868 N.Y.S.2d 243 ; Twersky v. Twersky, 103 A.D.2d 775, 477 N.Y.S.2d 409 ). Where, as here, the court has conducted an evidentiary hearing on the issue of visitation, its findings must be accorded great weight, and its visitation determination will not be disturbed unless it lacks a sound and substantial basis in the record (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ; Matter of Felty v. Felty, 108 A.D.3d 705, 707, 969 N.Y.S.2d 557 ).
Here, the Family Court's determination that enforcement of the visitation provisions of the parties' judgment of divorce and the order dated September 13, 2013, would be detrimental to the child's well-being and contrary to her best interests has a sound and substantial basis in the record and we decline to disturb it (see Matter of VanBuren v. Assenza, 110 A.D.3d 1284, 1284–1285, 973 N.Y.S.2d 833 ; Cervera v. Bressler, 109 A.D.3d at 781, 971 N.Y.S.2d 59 ; Matter of Mohabir v. Singh, 78 A.D.3d 1056, 1056–1057, 910 N.Y.S.2d 917 ; Matter of Johnson v. Williams, 59 A.D.3d 445, 874 N.Y.S.2d 498 ; Razo v. Leyva, 3 A.D.3d 571, 571–572, 771 N.Y.S.2d 168 ).
The father's remaining contentions are either unpreserved for appellate review or without merit.