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Matter of Mallory v. Mashack

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 907 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Order of Cayuga County Family Court, Corning, J. — Visitation.

PRESENT: PINE, J. P., HAYES, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.


Order unanimously reversed on the law without costs and matter remitted to Cayuga County Family Court for further proceedings in accordance with the following Memorandum: Family Court abused its discretion in denying petitioner visitation without conducting a hearing (see, Matter of Langdon v. Stephen, 212 A.D.2d 1066; Matter of Fura v. Seddon, 176 A.D.2d 1244; Matter of Elizabeth D., 127 A.D.2d 971). The denial of visitation to a parent is a drastic remedy that is warranted only where there are compelling reasons and substantial evidence that such visitation is detrimental to the child's welfare (see, De Pinto v. De Pinto, 98 A.D.2d 985).

Petitioner contends that he was not informed of his right to counsel. The record does not establish whether petitioner was so informed and reflects only that petitioner was not present at any of the court proceedings. In any event, it is well settled that petitioner must be informed of his right to counsel and be given a meaningful opportunity to be heard in court (see, Family Ct Act § 262; see also, Matter of Sasha S., 256 A.D.2d 468).


Summaries of

Matter of Mallory v. Mashack

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 907 (N.Y. App. Div. 1999)
Case details for

Matter of Mallory v. Mashack

Case Details

Full title:MATTER OF MICHAEL MALLORY, SR., PETITIONER-APPELLANT, v. SONIA MASHACK…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 907 (N.Y. App. Div. 1999)
698 N.Y.S.2d 387

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