Opinion
April 19, 1996
Appeal from the Niagara County Family Court, Halpin, J.
Present — Lawton, J.P., Fallon, Callahan, Doerr and Boehm, JJ.
Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred in terminating visitation between respondent and his children because respondent failed to pay child support. Visitation cannot be terminated solely for reasons unrelated to the welfare of the child ( Vasile v. Vasile, 116 A.D.2d 1021). The failure to pay support, "without more, is an insufficient basis upon which to deny visitation" ( Resignato v. Resignato, 213 A.D.2d 616, 617, citing Engrassia v Di Lullo, 89 A.D.2d 957).