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Matter of Children C

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 306 (N.Y. App. Div. 2000)

Opinion

Argued April 25, 2000.

June 12, 2000.

In an abuse and neglect proceeding pursuant to Family Court Act article 10, the Nassau County Department of Social Services appeals from an order of the Family Court, Nassau County (Eisman, J.), dated October 7, 1998, which directed supervised visitation between the father and his children, Alexander and Jacqueline.

Owen B. Walsh, County Attorney, Mineola, N.Y. (Tara Talmadge of counsel), for appellant.

Michael Dinh-Cohen, Uniondale, N.Y., for respondent Anthony C. (Anonymous).

Before: GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is reversed, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County for further proceedings in accordance herewith.

It cannot be determined from the record whether there is good cause for granting visitation to the father and whether such visitation, if any, should be supervised or unsupervised. Therefore, the Family Court should not have directed visitation without first holding a hearing on that issue (see, Family Ct art § 1061). Accordingly, the matter is remitted to the Family Court, Nassau County, for a hearing to determine what type of visitation, if any, is warranted.


Summaries of

Matter of Children C

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 306 (N.Y. App. Div. 2000)
Case details for

Matter of Children C

Case Details

Full title:IN THE MATTER OF C. (ANONYMOUS) CHILDREN. DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Jun 12, 2000

Citations

273 A.D.2d 306 (N.Y. App. Div. 2000)
709 N.Y.S.2d 857

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Matter of Children C

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