Opinion
June 17, 1996
Appeal from the Family Court, Queens County (De Phillips, J.).
Ordered that the dispositional order is affirmed, without costs or disbursements.
The appellant, putative father of Tamara H., is currently serving a sentence of 5 to 10 years in a New York State correctional facility for submerging Jonathan H.'s face in boiling water. In a fact-finding order dated April 13, 1993, the Family Court made a derivative finding of abuse by the appellant and in a dispositional order dated January 25, 1994, the court denied visitation with Tamara. On appeal he claims that the Family Court improperly denied him visitation with Tamara who is a half-sibling of the burn victim.
The Family Court properly denied the appellant's request on the grounds that such visitation would not be in the best interests of Tamara (see generally, Weiss v. Weiss, 52 N.Y.2d 170, 175; Matter of Mohammed v. Cortlandt County Dept. of Social Servs., 186 A.D.2d 908; Matter of Wise v. Del Toro, 122 A.D.2d 714).
We decline to reach the Law Guardian's claim that the appellant lacks standing to seek visitation (see, Family Ct Act § 1084) since that issue is raised for the first time on appeal and is not properly before this Court.
We have reviewed the appellant's remaining contentions and find them to be without merit. Miller, J.P., Pizzuto, Santucci and Hart, JJ., concur.