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Matter of D'Alessandro v. D'Alessandro

Appellate Division of the Supreme Court of New York, Second Department
May 7, 2001
283 A.D.2d 429 (N.Y. App. Div. 2001)

Opinion

Submitted April 17, 2001.

May 7, 2001.

In a proceeding pursuant to Family Court Act article 6 and Domestic Relations Law § 72 for grandparent visitation, the petitioner maternal grandmother appeals from an order of the Family Court, Kings County (Grosvenor, J.), dated September 16, 1999, which, after a hearing, dismissed her petition for, inter alia, increased and overnight visitation.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, LEO F. McGINITY SANDRA L. TOWNES, JJ.

Katherine D'Alessandro, Brooklyn, N.Y., appellant pro se.

Jose A. Sosa, Brooklyn, N.Y., Law Guardian for the children.


DECIDED ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The question of whether grandparent visitation should be granted, or in this case, increased to include overnight visits, rests within the sound discretion of the Family Court and must be determined consistent with the best interests of the children (see, Lo Presti v. Lo Presti, 40 N.Y.2d 522). Under the circumstances of this case, the Family Court providently exercised its discretion in denying the petitioner's application for increased and overnight visitation with her grandchildren (see, Higuchi v. Brown, 204 A.D.2d 452).

The petitioner's remaining contentions are without merit.

RITTER, J.P., S. MILLER, McGINITY and TOWNES, JJ., concur.


Summaries of

Matter of D'Alessandro v. D'Alessandro

Appellate Division of the Supreme Court of New York, Second Department
May 7, 2001
283 A.D.2d 429 (N.Y. App. Div. 2001)
Case details for

Matter of D'Alessandro v. D'Alessandro

Case Details

Full title:In the Matter of Katherine D'Alessandro, appellant, v. Christina…

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

Date published: May 7, 2001

Citations

283 A.D.2d 429 (N.Y. App. Div. 2001)
723 N.Y.S.2d 885

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