Opinion
1002 CAF 19-01242
11-13-2020
In the MATTER OF J.B. and J.T. Lakoia W., Petitioner-Appellant, v. Paul B. and Shannon B., Respondents-Respondents.
SCOTT GODKIN, WHITESBORO, FOR PETITIONER-APPELLANT. KOSLOSKY & KOSLOSKY, UTICA (WILLIAM L. KOSLOSKY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. STEVEN R. FORTNAM, WESTMORELAND, ATTORNEY FOR THE CHILDREN.
SCOTT GODKIN, WHITESBORO, FOR PETITIONER-APPELLANT.
KOSLOSKY & KOSLOSKY, UTICA (WILLIAM L. KOSLOSKY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
STEVEN R. FORTNAM, WESTMORELAND, ATTORNEY FOR THE CHILDREN.
PRESENT: CARNI, J.P., LINDLEY, CURRAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner is the biological mother of the subject children and respondents are the children's adoptive parents. Pursuant to a post-adoption agreement (agreement), petitioner had visitation with the children. Petitioner appeals from an order of Family Court that, inter alia, terminated her visitation with the subject children. We affirm.
"Pursuant to Domestic Relations Law § 112-b(4), ‘[t]he court shall not enforce an order [incorporating a post-adoption contact agreement] unless it finds that the enforcement is in the child[ren's] best interests’ " ( Matter of Kristian J.P. v. Jeannette I.C. , 87 A.D.3d 1337, 1337, 930 N.Y.S.2d 704 [4th Dept. 2011] ; see Matter of Kaylee O. , 111 A.D.3d 1273, 1274, 975 N.Y.S.2d 829 [4th Dept. 2013] ). Here, petitioner was afforded a full and fair evidentiary hearing, and the court's determination that continued visitation was not in the children's best interests has a sound and substantial basis in the record (see Kristian J.P. , 87 A.D.3d at 1337-1338, 930 N.Y.S.2d 704 ). The court was entitled to credit the testimony of respondents over that of petitioner (see Kaylee O. , 111 A.D.3d at 1274, 975 N.Y.S.2d 829 ), and we afford great deference to the court's determination of the children's best interests, particularly following a hearing (see Matter of Sapphire W. [Mary W.–Debbie R.] , 120 A.D.3d 1584, 1585, 992 N.Y.S.2d 599 [4th Dept. 2014] ; Kaylee O. , 111 A.D.3d at 1274, 975 N.Y.S.2d 829 ).