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Morales v. Perez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1070 (N.Y. App. Div. 2019)

Opinion

2018–08946 Docket No. V–4203–17

05-15-2019

In the Matter of Jose MORALES, Appellant, v. Juan PEREZ, et al., Respondents.

Steven H. Klein & Associates, P.C., Poughkeepsie, N.Y. (Cindy L. Sanchez of counsel), for appellant. Daniel Gartenstein, Kingston, NY, for respondents. Barry H. Friedman, Poughkeepsie, NY, attorney for the child.


Steven H. Klein & Associates, P.C., Poughkeepsie, N.Y. (Cindy L. Sanchez of counsel), for appellant.

Daniel Gartenstein, Kingston, NY, for respondents.

Barry H. Friedman, Poughkeepsie, NY, attorney for the child.

CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER In a proceeding pursuant to Domestic Relations Law § 72(1) for visitation with the subject child, the paternal grandfather appeals from an order of the Family Court, Dutchess County (Tracy C. McKenzie, J.), dated June 29, 2018. The order, after a hearing, in effect, denied the petition.

ORDERED that the order is affirmed, without costs or disbursements.

In 2017, the paternal grandfather of the subject child commenced this proceeding pursuant to Domestic Relations Law § 72(1) for visitation with the child. After a hearing, the Family Court, in effect, denied the petition. The paternal grandfather appeals. Contrary to the contention of the paternal grandfather, there is a sound and substantial basis in the record to support the Family Court's conclusion that grandparent visitation is not in the child's best interests (see Matter of Troiano v. Marotta , 127 A.D.3d 877, 879, 6 N.Y.S.3d 610 ; Matter of Brendan N. [Arthur N.] , 72 A.D.3d 1138, 1140, 898 N.Y.S.2d 290 ).

The paternal grandfather's remaining contention is without merit.

CHAMBERS, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.


Summaries of

Morales v. Perez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1070 (N.Y. App. Div. 2019)
Case details for

Morales v. Perez

Case Details

Full title:In the Matter of Jose Morales, appellant, v. Juan Perez, et al.…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 15, 2019

Citations

172 A.D.3d 1070 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 3788
98 N.Y.S.3d 464