Matter of Mills v. Mills

Full title: In the Matter of JUANITA MILLS, Respondent, v. ANTHONY MILLS, Appellant

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

Date published: Jul 13, 1990

163 A.D.2d 847 (N.Y. App. Div. 1990)

558 N.Y.S.2d 377

Opinion

July 13, 1990

Appeal from the Erie County Family Court, Notaro, J.

Present — Dillon, P.J., Callahan, Doerr, Pine and Lawton, JJ.

Order unanimously affirmed without costs. Memorandum: Family Court had authority to order and review a psychiatric report of both parents prior to deciding the visitation issue (see, Family Ct Act § 251; Melstein v. Melstein, 96 A.D.2d 884). There is no merit to respondent's contention that the court relied on the psychiatric report to support its finding that respondent violated a previous order of protection. The record demonstrates that the court relied on "competent proof", in the form of petitioner's testimony, to support that finding (Family Ct Act § 846-a).