From Casetext: Smarter Legal Research

Matter of Thomas v. Concetta

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 396 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

Appeal from the Family Court, Suffolk County (Auperin, J.).


Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing and determination on the issue of visitation, in accordance herewith.

We are of the opinion that the court's determination that granting visitation to the petitioner father was in the best interests of the child lacked a sound and substantial basis in the record. Since we are unable to make a determination based on this record (cf., Ladizhensky v Ladizhensky, 184 A.D.2d 756), we remit the matter to the Family Court for a new hearing. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

Matter of Thomas v. Concetta

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 396 (N.Y. App. Div. 1993)
Case details for

Matter of Thomas v. Concetta

Case Details

Full title:In the Matter of THOMAS M.R., Respondent, v. CONCETTA B., Respondent, and…

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 396 (N.Y. App. Div. 1993)
608 N.Y.S.2d 89