Opinion
December 13, 1984
Appeal from the Family Court, New York County (Gartenstein, J.).
While the order herein is not appealable as of right (Family Ct Act, § 1112; Rizzo v. Rizzo, 31 A.D.2d 1001), we treat the appeal as including an application for leave to appeal and grant such application nunc pro tunc ( Bohen v. Auerbach, 51 A.D.2d 542).
The denial of visitation to a natural parent is a drastic remedy and should be done only where there are compelling reasons and substantial evidence that such visitation is detrimental to the children's welfare ( Parker v. Ford, 89 A.D.2d 806).
Here, it appears the determination of the Family Court was made solely upon the contents of a psychiatric report made available to both parties. The report raises a question as to whether the present hostility of the children, now 13 and 15 years of age, to the father was somehow "transmitted" from the mother. Petitioner is entitled to a hearing under the circumstances.
Concur — Sandler, J.P., Asch, Silverman and Fein, JJ.