Opinion
2013-04-17
In the Matter of JANAE H. (Anonymous). Administration for Children's Services, petitioner-respondent; Charisse H. (Anonymous), appellant, et al., Marlon D., nonparty-respondent. (Proceeding No. 1). In the Matter of Kyah H. (Anonymous). Administration for Children's Services, petitioner-respondent; Charisse H. (Anonymous), appellant, et al., Marlon D., nonparty-respondent. (Proceeding No. 2). In the Matter of Sanaa H. (Anonymous). Administration for Children's Services, petitioner-respondent; Charisse H. (Anonymous), appellant, et al., Marlon D., nonparty-respondent. (Proceeding No. 3). In the Matter of Mia H. (Anonymous). Administration for Children's Services, petitioner-respondent; Charisse H. (Anonymous), appellant, et al., Marlon D., nonparty-respondent. (Proceeding No. 4). In the Matter of Justin H. (Anonymous). Administration for Children's Services, petitioner-respondent; Charisse H. (Anonymous), appellant, et al., Marlon D., nonparty-respondent. (Proceeding No. 5).
Leighton M. Jackson, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Elizabeth I. Freedman of counsel; Moon J. Choi on the brief), for petitioner—respondent.
Leighton M. Jackson, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Elizabeth I. Freedman of counsel; Moon J. Choi on the brief), for petitioner—respondent.
Helene Chowes, New York, N.Y., for nonparty-respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Selene D'Alessio of counsel), attorney for the children.
In related proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County (Beckoff, J.), dated March 12, 2012, as, without a hearing, in effect, denied her application to direct that the visitation of the nonparty-respondent father with the child Justin H. be supervised and permitted the father to continue his unsupervised visitation with Justin H. on alternate weekends.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Under the circumstances of this case, the Family Court had adequate information before it to determine, without an evidentiary hearing, that it was in the best interests of the child Justin H. to continue unsupervised visitation with his father on alternate weekends ( see Matter of Cardona v. Vantassel, 96 A.D.3d 1052, 1053, 946 N.Y.S.2d 876;Matter of Feldman v. Feldman, 79 A.D.3d 871, 871–872, 912 N.Y.S.2d 438).