Opinion
2000-01303
Submitted February 20, 2003.
March 17, 2003.
In related visitation proceedings pursuant to Family Court Act article 6 and Domestic Relations Law § 72, the petitioner appeals from an order of the Family Court, Nassau County (Balkin, J.), dated January 4, 2000, which, after a hearing, granted the father's application to terminate the petitioner's visitation with her granddaughter, and dismissed the petitions seeking visitation with her grandson.
Gerald G. Wright, Hempstead, N.Y., for appellant.
John P. DiMascio, Garden City, N.Y. (Jeffrey S. Chang of counsel), for respondents.
Lawrence A. Weinreich, Plainview, N.Y., Law Guardian for the children.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The record supports the Family Court's finding that there was a material change in circumstances since the issuance of a prior order giving the petitioner visitation rights with her granddaughter (cf. Matter of Brocher v. Brocher, 213 A.D.2d 544). The record also supports the Family Court's finding that in light of the animosity and dysfunction in the family, allowing the petitioner to visit her grandchildren would not be in the best interests of either child (see Domestic Relations Law § 72; Matter of Emanuel S. v. Joseph E., 78 N.Y.2d 178; Matter of Higuchi v. Brown, 204 A.D.2d 452). Under these circumstances, the Family Court properly terminated the petitioner's visitation with her granddaughter (see Matter of DiBerardino v. DiBerardino, 229 A.D.2d 539; Matter of Barry v. Chefales, 185 A.D.2d 842), and denied her application for visitation with her grandson (see Matter of Gloria R. v. Alfred R., 209 A.D.2d 179).
ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.