Opinion
November 28, 1995
Appeal from the Family Court, New York County (Bruce Kaplan, J.).
In view of respondent's long and violent criminal history, including at least three felony convictions for assault, none of which had been disclosed or discovered prior to the agreement of the parties to release the two-year-old child to his custody; the question of whether respondent had organic brain damage as a result of a shooting and a May 1995 incident in which respondent shook and yelled at the crying child after an unsupervised visit, Family Court erred in granting respondent unsupervised visitation. The safer course, and the one which serves the best interests of the child, is to continue with supervised visitation pending the determination of the neglect petition ( see, Matter of Jennifer G., 105 A.D.2d 701, 702; Susan G.B. v Yehiel B.-H., 216 A.D.2d 58).
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.